MARY WAMBAYA V. JACOB JOSEPH WAMBAYA (PERSONAL REPRESENTATIVE OF ESPERANCE PERSIDE WAMBAYA)

JUDGMENT OF THE COURT

Background

1. This is a first appeal from the Ruling and order of the High Court (J. R. Karanja J) delivered on 22^nd July, 2015. Mary Wambaya (the appellant) seeks to set aside the decision of the High Court disallowing her application for review of the judgment delivered on 21^st February 2003 by Nambuye, J. (as she then was) and a redistribution of the estate.

2. The brief facts of the case are that the appellant and Esperance Perside Wambaya (Esperance) were both widows of Geoffrey Erastus Wambaya (the deceased) who died intestate on 3^rd December 1992. Subsequently, a grant of letters of administration intestate was issued to his two widows, but they failed to agree on the mode of distribution leading to protracted proceedings for the distribution of the estate resulting in the judgment rendered by the court on 21^st February 2003. By an application dated 25^th February 2004 that was supported by an affidavit and a further affidavit, the appellant moved the High Cou…