JUDGMENT OF THE COURT
1. Based on the inventory of his assets, Mwangi Kamangu, deceased, was evidently a prosperous and well invested businessman who left behind a vast estate upon his death on 17th November 1989. On 15th August 2000, the appellants, Prisca Wanjiku Kimanga and Stephen Maina Kimanga, in their capacity as widow and son respectively of the deceased, petitioned the High Court at Nairobi in Succession Cause No.1728 of 2000 for Letters of Administration Intestate in respect of the estate of the deceased. In the affidavit in support of the petition, the appellants deposed that the deceased died intestate and that he was survived by the two of them and two other children, Fredrick Njora Mwangi and Moses Kimanga Mwangi.
2. The record shows that on 2nd November 2000, prior to the Grant of Letters of Administration being issued, Angawa, J. before whom the matter was placed, perhaps intuitively, ordered the “Deputy Registrar to confirm if there is...a 2nd wife from the applicant. A…