JUDGMENT
Background
This appeal has a long and chequered history pitting family members against each other over a period spanning over 40 years. Litigation has traversed between the High Court, the Environment and Land Court (ELC) and this Court.
A brief background is that Prof. Kivuto Ndeti, (the deceased) died intestate on 31st March, 2012. In a petition lodged on 15th October, 2012, representation was sought by Cecilia Situmai Ndeti and Michael Kyende Ndeti (the 1st & 2nd respondents) in their capacities as widow and son of the deceased respectively. In the Petition the deceased was indicated to have been survived by the widow and four (4) children, namely, Caroline Mwelu Ndeti, Michael Kyende Ndeti, Mkwama Kivuto Ndeti and Raphael Kyalo Ndeti. The deceased was said to have died possessed of the following assets: LR Nos. 209/7311, 7741/82, 37/175, 7149/9, 337/991, 133323/1, 337/849 and 337/923; Katelembo Plots Nos. 1685, 3001 and 3800, parcels of land at Lukenya being Mavoko Town Bloc…