JUDGMENT OF THE COURT
This matter has been along the corridors of justice for far too long, since the initial petition was filed by Mary Wanjiru Mbogo (Mary), who is now deceased, under Nairobi Succession Cause No. 203 of 1987. She filed it in her capacity as the widow of Justus Ezekiel Mbogo (deceased) who died intestate on 14th January 1987. In the petition, Mary listed herself and 6 of her children, all of whom were adults at the time, as the beneficiaries of the estate of the deceased. A grant of letters of administration intestate was issued to her on 14th May 1987.
The controversy leading to this appeal stems from an affidavit sworn by Mary in the application for confirmation of grant which listed Thomas Kanake Guandaru, the appellant, as a beneficiary to the estate of the deceased. As a beneficiary, his share of the estate was land title No. 4418/2 (suit property). As a result of that application, a certificate of confirmation of grant was issued on 26th November 1993.
Following t…