MUSA NYARIBARI GEKONE & 2 OTHERS
V.
PETER MIYIENDA & ANOTHER

JUDGMENT OF THE COURT

In a ruling delivered in High Court Succession Cause No. 35 of 2012 on 5^th August 2013, the High Court at Kisii (Edward M. Muriithi, J.) revoked the grant of letters of administration issued by the court on 19^th April 2013 in favour of the 1^st appellant, Musa Nyaribari Gekone, with respect to the estate of Charles Obwagi Gekone, deceased. By the same ruling, the court rescinded the transfer of the property known as title number Kitutu/Daraja Mbili/2178 in favour of the 3^rd appellant, Lammy Njuguna Matheru, and ordered that the property should revert to, and be registered in the name of the deceased.

Aggrieved, the appellants have appealed to this court against that ruling in its entirety.

Background

The deceased died on 30^th March 1998. At the time of his death he was aged 45 years. He did not leave behind a widow or children. He died a bachelor. 14 years after his death, his brother, Musa Nyaribari Gekone, the 1st appellant, petitioned the High Court for letters of …