ROSE WAKANYI KARANJA & 3 OTHERS
V.
GEOFFREY CHEGE KIRUNDI & ANOTHER

JUDGMENT OF THE COURT

This is an appeal arising from the ruling of Rawal, J (as she then was) dated 31^st March, 2009.

Briefly, the background to this appeal is that on 18^th December, 2003 the appellants herein filed High Court Succession Cause No. 3608 and sought to be appointed as the legal administrators of the estate of the late WALTER KARANJA MUIGAI (hereinafter the deceased) who died on 21^st June, 1996. Annexed to the Petition for letters of administration was an affidavit in support of the Petition which listed the assets of the deceased and indicated that the deceased had ‘nil’ liabilities.

On learning of this „omission?, GEOFFREY CHEGE KIRUNDI, the 1^st respondent herein, swore an affidavit dated 29^th April, 2004 under Rule 16 of the Probate and Administration Rules in protestation to the omission. He averred:

“THAT inspite of the fact that the petitioners had full knowledge and had fully participated in the events leading to this sale and execution of transfer forms by deceased th…