LITA VIOLET SHEPARD V. AGNES NYAMBURA MUNGA

JUDGMENT OF THE COURT

1. LITA VIOLET SHEPARD, (the appellant) brought this appeal against the ruling and order of the High Court of Kenya at Nairobi (Hon. Mr. Justice W. Musyoka) delivered on the 25th September, 2015 dismissing the application for review of the judgment by Hon. Mr. Justice L. Kimaru delivered on the 5th April, 2014. The said application for review had been filed by the appellant against AGNES NYAMBURA MUNGA, (the respondent).

2. Briefly the facts of this matter are that, the respondent by an application brought under Section 26 of the Law of Succession Act, sought provision as a dependant of the estate of the late BRYAN WALTER SHEPARD (the deceased). The deceased died on the 29th March, 2010 as a result of a plane crash. The deceased died testate having left behind a Will he executed on the 29th January, 1999. Under the said Will the deceased appointed the appellant, who was his wife, as the executor of the Will and bequeathed all his property to the appellant and their…