JANE NJERI NDERI V. RACHEL WANGARI NDERI SUED THROUGH HER PERSONAL REPRESENTATIVE JOHN KURIA NDERI

JUDGMENT OF THE COURT

This appeal relates to the estate of Jonathan Nderi Kuria (the deceased), who died on 15th May 1986 at Gathangari Sub-location, Kiambu County. The deceased was survived by his widow, Rachel Wangari Nderi, who is now deceased and eight children namely, Jackson Kariuki Nderi, John Kuria Nderi (the respondent), Ruth Nyambura Kimani, Jane Njeri Nderi (the appellant), Tabitha Waithera Nderi, James Ngomi Nderi, George Muya Nderi and Herman Njoroge Nderi.

By a grant of letters of administration intestate, the widow was appointed the administrator of the estate on 21st November 2003. The letters of administration were subsequently confirmed on 17th June 2004 and the main asset of the estate, Githunguri/Gathangari/1040, devolved to the widow. Thereafter the widow subdivided the said asset into six parcels, namely Nos. 3003, 3004, 3005, 3006, 3007 and 3008 measuring 0.20 ha each and another parcel, No. 3009, measuring 0.359 ha. on which stood the homestead where some of the …