NGENGI MUIGAI ............................................................................... 1ST EXECUTOR/APPELLANT JOSEPHAT MATHIA ......................................................................... 2ND EXECUTOR/APPELLANT AND PETER NYOIKE MUIGAI ............................................................. 1ST OBJECTOR/RESPONDENT ELIZABETH MUMBI MUIGAI .................................................... 2ND OBJECTOR/RESPONDENT EUNICE WANJIKU MUTURI ....................................................... 3RD OBJECTOR/RESPONDENT BEATRICE WAMBUI MUTURI ................................................... 4TH OBJECTOR/RESPONDENT PETER MUGO MUIGAI ................................................................ 5TH OBJECTOR/RESPONDENT *CONSOLIDATED WITH* CIVIL APPEAL NO. 56 OF 2007 BETWEEN EUNICE WANJIKU MUTURI .......................................................... 1ST APPELLANT/OBJECTOR BEATRICE WAMBUI MUTURI ...................................................... 2ND APPELLANT/OBJECTOR AND NGENGI MUIGAI ............................................................................ 1ST EXECUTOR/RESPONDENT JOSEPHAT MATHIA ...................................................................... 2ND EXECUTOR/RESPONDENT

JUDGMENT OF THE COURT

1. This is yet another high profile estate of a deceased Kenyan which has defied closure on account of incessant squabbles between the beneficiaries.James Ngengi Muigai (the deceased) died of cardiac arrest at the age of 92 years on 26^th July, 1995. That is 23 years ago! He left behind a former wife, Elizabeth Mumbi, (married in 1933) with whom he had four children: Daniel Ngengi (born in 1932), Eunice Wanjiku Muturi (1934) (Eunice), Beatrice Wambui Thumbi (1936) (Beatrice) and Margaret Wanjiru (1940). But they parted ways in 1942 and Mumbi went back to her parents' home where she had two more children: Peter Mugo (Mugo) (1943) and Peter Nyoike (Nyoike) (1948). Their formal divorce was finalised in 1975 when the decree absolute was issued. The deceased was also survived by his second wife Minnie Ngina, married under Kikuyu customs in 1939 but formalised in church in 1989. They had eight children: Beth Wambui (1939), Pauline Njeri (1942), Ngengi Muigai (1944), Jose…