SHIKUKU MASON SITERA & ANOR.
V.
BEN KUMBUTI WASILWA

JUDGMENT OF THE COURT

1. This judgment is in respect of a ruling delivered by Ngenye Macharia, J. on 28^thMarch, 2013 wherein the learned judge revoked a grant of representation that had been confirmed on 9^th September, 2012 on grounds of concealment of material facts.

2. The background to the said ruling is that on 22^ndMarch, 2012 Ben Kumbuti Wasilwa, the respondent herein, filed an application for revocation of a grant of representation to the estate of the late Wilson Wachenda Mason, also known as Wachenda Mason(the deceased), that was issued to Shikuku Mason Sitela (the 1^st appellant), on the ground that the grant had been obtained by concealment from the court of matters material to the case.

3. In his affidavit in support of the summons for revocation of the grant, the respondent stated that the deceased sold to him his parcel of land known as Kakamega/Chekalini/238 and transferred the title to him. That notwithstanding the 1^st appellant had included the said parcel of land among th…