JUDGMENT OF THE COURT
1. This is a second appeal from the judgment and decree of the High Court at Machakos delivered on 27th February, 2012 where the Honourable Ngugi, J. granted orders in favour of the respondent herein. In his judgment the learned Judge set aside the ruling of the trial court, in which half share of the suit property, Parcel No. Kyangwithya/ Mutune/589, had been awarded to Barnes Muema (the appellant herein), and gave orders, inter alia, that the suit property be registered solely in the name of Francis Masuni Kyangangu (the respondent) in his capacity as the personal representative to the estate of Kyangangu Maithya.
2. It is important to give a brief background of this case in order to place this appeal in proper perspective. The deceased, Kyangangu Maithya, was the father of the respondent, Francis Masuni Kyangangu, while the appellant Barnes Muema, is the grandson of the respondent’s 2nd cousin. The deceased died intestate hence on the 15th March, 1999 the respon…