FREDRICK MAKOKHA V. PETER SIFUNA WASWA, JOHNSTONE MAKETA WASWA & WANGILA WASWA

JUDGMENT OF THE COURT

[1] This appeal arises from a Succession dispute between three siblings, the appellant Fredrick Makokha and his brothers Peter Sifuna Waswa, Johnstone Maketa Waswa and Wagila Waswa (1^st 2^nd and 3^rd respondent respectively). All the parties are sons of one Waswa Makhara (hereinafter referred to as the deceased). The subject of the dispute is a property known as W. Bukusu/N. Myanga/755 (hereinafter referred to as the suit property), measuring 28 hectares. The deceased owned the suit property at the time of his death.

[2] The deceased who died on 19^th November 1987, was survived by 3 widows and 25 children. The deceased had married five wives but two i.e the late Teresa Waswa, the late Juliana Waswa predeceased him. Annet Waswa, Frida Nekesa and Beatrice Namalwa were the surviving wives.

[3] The respondents who were administrators of the estate of the deceased pursuant to a grant issued by the High Court at Bungoma in Succession Cause Number 190 of 2007 (herein referre…