JACOB KINYUA KIGANO V. TABITHA NJOKI KIGANO & SOLOMON MACHERE MUNGE

JUDGEMENT OF THE COURT

[1] This is a second appeal concerning a succession dispute over the estate of the late Kagano Munge (deceased) who died intestate on the 10^th day of July, 1997.

On 27^th March, 2002, Tabitha Njoki Kagano (1^st respondent ) and Jacob Kinyua Kagano (appellant) while describing themselves as 1^st widow and 1st son of the deceased, jointly petitioned for the grant of letters of administration before the Principal Magistrate’s Court at Kerugoya. In the affidavit in support of the petition, the petitioners indicated that the deceased was survived by the following:

Tabitha Njoki Kagano (widow)

Jacob Kinyua Kagano (son of 1^st widow)

Jamleck Simba Kagano (son)

Francis Kiaji Kagano (son)

Kanungu Kagano (son)

[2] The grant of letters of administration was duly issued to the two petitioners on 28^th May, 2002. On 31^st January, 2002, the appellant applied for the confirmation of the grant without the 1^st respondent. In that application the appellant added to the above list of survivors…