JAMENY MUDAKI ASAVA V. BROWN OTENGO ASAVA & AUTHUR MWANZI ASAVA

JUDGMENT OF THE COURT

This is an appeal from the ruling of the High Court of 27^th February 2012, ( Chitembwe, J.) in Succession Cause No. 278 of 2007 in the matter of the Estate of Kenzia Dalitsu alias Ketsia Dalidzu (Deceased), where a dispute arose in respect of the distribution of the sole property of the Estate, namely, L.R. No. Kakamega/Mbale/532 (the disputed plot), between the appellant and the respondent who are brothers.

The background to the dispute is that, following the demise of the deceased, the appellant filed for Grant of Letters of Administration intestate for the estate of the deceased, his mother, on 10^th April 1990 which was issued on 17^th December 1991 and confirmed on 3^rd September 2002.

The respondents and objectors applied for the revocation of the Grant in their summons dated 11^th February 1991, contending that the Grant was obtained without their knowledge and concealment by the appellant of the fact that the respondents were also heirs. On 3^rd August 2006 the H…