JUDGMENT OF THE COURT
[1] This is an appeal from the judgment and order of the High Court in Meru H.C. Succ. Cause No. 309 of 1998, (Kasango, J.), dated 22nd October, 2010. It is a first appeal, and that being so, we are required to re-evaluate the evidence and arrive at our own independent findings and conclusions of the matter. (See SELLE and ANOTHER v. ASSOCIATED MOTOR BOAT COMPANY LTD. and OTHERS, [1968] 1 E A 123.
[2] The brief facts giving rise to the appeal relate to the distribution of the estate of the late Lawrence Nchenge Marangu (deceased) who died intestate on 25th November, 1993. According to the petition for the grant of Letters of Administration that was filed by the deceased's widow Jenerosa Nchenge Marangu (respondent); the deceased was survived by herself, her two daughters and the appellant who is the brother of the deceased. The deceased's only asset that fell for distribution and which forms the basis of this appeal is Land Parcel No. ABOTHUGUCHI/ KAONGO/709, (here…