JUDGMENT OF BOSIRE, J.A
I have had the advantage of reading in draft form the judgment of O’Kubasu, J.A, and I agree with all that he has said in that judgment and the order he has proposed. I wish, however, to add the following:
The appellant Kiprotich Kigen was the step son of the deceased Soti Kigen. The deceased was the first wife of Kigen Sitienei, who is still alive. Jane Kigen who is the mother of the appellant was his second wife. It was conceded that all the assets listed in the schedule to the petition for grant of probate of the last will and testament of the deceased are registered in her name.
The application for revocation of grant was made on amongst other grounds, that Kigen Sitienei had fraudulently transferred several parcels of land into the deceased’s name, to defeat the claim by Jane Kigen and her children over those parcels.
In her judgment, Nambuye, J. proceeded as though the deceased was the father of both the appellant and the respondent and their respective sibli…