JUDGMENT OF THE COURT
1. Sarah Wangari Kang’ari (the appellant), is the administratrix of the Estate of her late husband, Joseph Kang’ari Muhu, who was a son to the late James Muhu Kang’ari.
2. Sera Mweru Muhu (the 1st respondent) on the other hand is the widow and executrix of the Estate to her late husband James Muhu Kang’ari, who died testate on 26th March, 1989 leaving behind a vast estate. Part of the properties bequeathed to the appellant’s husband was plot No. Dagoretti/Ruthimitu/302 which was a different property from the one where the deceased (Joseph) and the appellant were living as at the time of the appellant’s husband’s death.
3. From what we can gather from the record before us, the appellant’s husband was the only son of the deceased James Muhu Kang’ari. When he got married to the appellant herein, the couple continued living in the same property i.e Dagoretti/Ruthimitu/177 where the parents’ home was. According to the respondent, the appellant’s late husband was accommod…