JUDGMENT OF THE COURT
The litigation resulting in this appeal has its roots in Meru High Court Succession Cause No.575 of 2011 taken out by Stephen Gitonga M’Murithi a son of the deceased, M’Murithi, M’Mutungi, Alias M’Murithi M’Mutungi Alias Murithi S/O Mutungi Alias Misheck Murithi Mutungi who died on 4th June, 2004.
The list of beneficiaries comprised the deceased wife Naomi aged 85 years;(Naomi) Stephen Gitonga M’Murithi a son aged 64 years (Stephen); Agnes Josephine Karegi Mwiti a daughter aged 60 years; (Agnes) Polly Mwari Mwebia a daughter aged 57 years; (Poly) Patrick Kiriinya Murithi a son aged 54 years; (Patrick), Francis Kithinji Murithi a son aged 52 years; (Francis) Daniel Mbichi Murithi a son aged 51 years; (Daniel) Mary Wanja Mugambi a daughter aged 40 years; (Mary), Faith Ngura Murithi a daughter aged 42 years; (Faith), Grace Gakii Murithi a daughter aged 46 years; (Grace), Lucy Gacheri Murithi a daughter aged 47 years; (Lucy), Winfred Gatwiri Murithi, a son aged 44 year…