JUDGMENT OF THE COURT
[1] This is an appeal from the judgment of the High Court at Nyeri, Makhandia, J. ( as he then was), dated 26th March, 2008, in H.C. Succ. Cause No. 327 of 1996. Arising from that Judgment, two appeals were filed; C.A. No. 298 of 2010; Gerishon Gichingiri Muhoro is the appellant and C.A. No. 248 of 2009; Erastus Gichingiri Muhoro is the appellant. During the hearing, both appeals were consolidated with the consent of the parties as they relate to same subject matter, that is, the determination of the heirs and the respective shares of the beneficiaries of the estate of the late Washington Muhoro alias Muhoro Mweru (deceased). The holding file remains Civil Appeal No. 248 of 2009.
[2] The deceased died intestate on 30th November, 1974, before what is today the Law of Succession Act, Cap 160 became operational. Sometimes in November, 1996, Gerishon Gichingiri Muhoro, the appellant in C.A. No. 298 of 2010, petitioned for the grant of Letters of Administration. He name…