JUDGMENT OF THE COURT
The appellant, Daniel Kirehu Murai, filed the appeal herein against the judgment of Musyoka, J. delivered on 9th December 2016.
A brief background to this appeal is that the appellant applied for grant of letters of administration in respect of the estate of John Kirehu Kariithi in his capacity as the deceased’s grandson. Consequently, the letters of administration were issued to the appellant on 13th February, 2012.
On 23rd April, 2012, the 9th respondent (being the widow of the deceased) and the 1st, 3rd, 4th and 5th respondents, (being the deceased’s children) applied for revocation of the grant issued to the appellant on the grounds that:-
“i) the grant was obtained fraudulently by concealment from coart (sic) of material facts.
ii) The proceedings to obtain the Grant were defective in substance.
iii) The grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the Grant particularly that the respondent has any beneficial i…