JUDGMENT OF THE COURT
[1] This appeal arises from a succession dispute involving the estate of the late Kipsanga Arap Tuiya (hereinafter referred to as deceased), who died on 22nd December, 1995. Following the death of the deceased three persons namely, Joseph Sang, Paul Samoei and Philip Too (Too) petitioned the High Court sitting at Eldoret for letters of administration with Will annexed. The three brought the petition in their capacity as the Executors named in the deceased’s will. The three were issued with a grant of letters of administration intestate on the 20th September, 2001, which grant was confirmed on 23rd June, 2005 pursuant to the provisions of Section 71(1) and (3) of the Law of Succession Act. According to the written Will of the deceased, the deceased bequeathed his property Nandi/Sigot/114 (hereinafter referred to as ‘disputed land’) to his grandson Laban Kipruto Rotich (Rotich). Rotich is a son to Philip Too. Rotich and Too are the appellants.
[2] Before the grant wa…