JUDGMENT
The dispute in this appeal arises from the judgment of the High Court of Kenya at Malindi (Chitembwe, J) dated April 18, 2018 and delivered by Korir, J. on May 16, 2018. By that judgment, the High Court held that the parcels of land known as Kwale/Galu Kinondo/779 registered in the name of Pacific Frontier Seas Ltd., and Kwale/Galu Kinondo/198 and Kwale/Galu Kinondo/ 1222 registered in the name of Okapi Estate Ltd, were part of the estate of Peter Werner, an alleged shareholder in the two companies. For convenience and where the context allows, we shall refer to the three properties in dispute as “the suit properties”. Although there are several other ancillary issues in the appeal, whether the suit properties were properly adjudged to be assets of the estate of the deceased and therefore available for distribution to his beneficiaries is the heart of the appeal.
The background to the appeal is that the Peter Werner, (hereafter the deceased) died intestate on December 10, 2014 …