JUDGMENT
1.This appeal relates to the estate of Kiptum arap Naniwet (deceased), who died intestate on 14th December, 2002. Grant of Letters of Administration Intestate was made to Kimalit arap Tum (now deceased) and the respondent, Mary Chemutai Tum, on 24th February 2004.
2.By an application dated 8th April 2005 supported by her affidavit sworn on 2nd April 2004, the appellant sought revocation and annulment of the said Grant of Letters of Administration Intestate. The application was based on the grounds that the grant had been obtained fraudulently by the concealment of material facts from the court, and was obtained by an untrue allegation of fact.
3.The appellant’s case was that she was married to the deceased in 1967 as a second wife under Kipsigis customary law. At the time she got married, she already had her four daughters, Lucy Chepkoech, Emily Chepngetich, Mary Chepkirui and Catherine Chepwogen. She had cohabited with the deceased until 1977 when she was chased away by Kimalit…