JUDGMENT
This is a second appeal to this Court from the judgment of the High Court sitting as a first appellate court in Mombasa from the judgment of the Principal Kadhi in Succession Cause No. 193 of 2015. That being the case this Court will confine itself to matters of law only as guided in Kenya Breweries Limited v Godfrey Odoyo [2010] eKLR (Civil Appeal No. 127 of 2007) where Onyango Otieno, J.A. put it succinctly in the following words:
“In a second appeal however, such as this one before us, we have to resist the temptation of delving into matters of facts. This Court, on second appeal, confines itself to matters of law unless it is shown that the two courts below considered matters they should not have considered or failed to consider matters they should have considered or looking at the entire decision, it is perverse.”
Where an appeal is confined to questions of law only, an appellate court has to accept the findings of fact made by the Courts below, and should not interfere wit…