JUDGMENT OF THE COURT
This is an appeal from the Judgment of Koome, J. (as she then was), dated the 21st day of January, 2005.
The appeal relates to the estate of Njoroge Kamau Gichore, (deceased). The appellant, Kamau Mugwimi, took out letters of administration intestate of the deceased’s estate in his capacity as his son. A temporary grant of representation was issued to him on 22nd day of May, 1993, and confirmed on 21st day of February, 1994. The estate comprised only one asset, namely Kiamba/Kihara/717. The beneficiaries of the deceased as enumerated in the confirmed grant were the appellant and Ngugi Njoroge, (deceased), Kariuki Njoroge, Ng’ang’a Njoroge and Njenga Njoroge, who are the respondents in this appeal. The asset was to be distributed as follows:-
(1) Kamau Mugwima - 2.675 acres
(2) Dependants of Ngugi Njoroge (deceased) -0.60625 acres
(3) Kariuki Njoroge - 0.60625 acres
(4) Ng’ang’a Njoroge - 0.60625
(5) Njenga Njoroge - 0.60625.
After the confirmation of the grant, the appel…