BEATRICE WAIRIMU KARIUKI V. SOLOMON NJOROGE KIORE & 4 ORS

JUDGMENT

1. A brief background of the appeal is that Anthony John Thompson (the deceased) died between 23rd June, 2009 and 6th July, 2009 at Saint Claire Sur Elle (Manche), 14 LA Haye Besvet in the Republic of France. According to the death certificate issued by the French authorities, the deceased’s body was found in his house on 7th July, 2009. Following the deceased’s death, Beatrice Wairimu Kariuki (hereafter the appellant) filed Succession Cause No. 1788 of 2009 on 14th August, 2009 seeking to be issued with a Grant of probate in respect of the last Written Will of the deceased. About one month later, another petition seeking a Grant of letters of administration intestate to the estate of the deceased was filed on 11th September, 2009 before the Family Division of the High Court at Nairobi by Solomon Njoroge Kiore (hereinafter, the 1st respondent) in what he said was his capacity as a director of a company known as Furncon Limited. The petition was registered as Succession Cause No. …