<p style="text-align: center"><strong><u>JUDGMENT OF THE COURT</u></strong></p><ol><li><p style="text-align: justify">This is an appeal against a ruling dated 2nd August 2019 delivered by <strong><em>A. Ongeri, J. </em></strong>vide which she confirmed the Grant of Probate issued on 19th December 2013 to Christine Gakuhi Kubai <strong>(the respondent) </strong>based on a Will dated 19th January 1991 <strong>(“the Will”) </strong>of Fredrick Polwarth Kibuthu Kubai <strong>(the deceased).</strong></p></li><li><p style="text-align: justify">A synopsis of the facts is that the deceased died testate on 1st June 1996 survived by five (5) wives. The respondent filed for a petition of Grant of Probate in <strong><em>Succession Cause No. 1860 of 1996 </em></strong>while Samson Owen Kubai Kibuthu, Stephen Gideon Kibuthu F. Kubai, Gideon Blacklaw Kubai and Martin Gideon Kubai in their capacities as sons of the deceased, filed <strong><em>Succession Cause No. 1940 of 1996 </em></strong>in which Grant of Letters of Administration were issued and subsequently confirmed on 4th March 1998 by <strong><em>Sheikh Amin, J.</em></strong></p></li><li><p style="text-align: justify">It suffices to state at the outset that the appellant is a grandchild of the deceased.</p></li><li><p style="text-align: justify">The respondent got wind of the issuance of the grant, and by an application…</p></li></ol>