MARY WANJIRU KAPAITO V. TERESIA NASIEKU KINEA & ROSE AGIZA NDEYI KEYONZO

JUDGMENT OF THE COURT

This appeal concerns a succession dispute arising out of the estate of the Late Kapaito Ole Parimbai. Mary Wanjiru Kapaito, the appellant herein, is his widow, while Teresia Nasieku Kinea, the 1^st respondent, is the deceased’s daughter. On 14^th March 1991, the 1^st respondent had applied for a grant of letters administration in respect of the deceased’s estate. The appellant on her part applied for a grant of probate for the estate of the deceased on the grounds that the deceased had left a will dated 6^th April 1989. This later application served as an objection to the 1^st respondent’s application for grant of letters of administration. A notice of objection to the application for grant of probate was filed by the 1^st respondent alongside other objectors. Eventually, a grant of letters of administration was issued to the respondent, but by a judgment dated 10^th May 2001, Aganyanya J. (as he then was) revoked that grant and in its place issued a grant of probate of …