NJENGA LIVINGSTONE V. JOYCE WANJIKU, PAULINE WANGUI & GRACE WANJIRU KAMAU

JUDGMENT OF THE COURT

1. The appellant, Njenga Livingstone, lodged a petition to be issued with letters of administration in the Estate of Livingstone Machura (deceased) before the Senior Resident Magistrate’s Court at Kerugoya in Succession Cause No. 42 of 1992. The appellant is a son to the deceased who died on 28^th July, 1991.

2. In his evidence before the trial magistrate, the appellant testified that the deceased was married thrice and he gave the names of the widows as Gladys Njeri (deceased and mother to the appellant), Joyce Wanjiku and Pauline Wangui. The 1^st and 2^nd respondents in this appeal are the surviving widows of the deceased to whom letters of administration to the estate of the deceased were granted.

On 27^th November, 1995, the appellant took out Summons for Revocation of the letters of administration issued to the 1^st and 2^nd respondents. The ground in support of the application is that the proceedings to obtain the grant were defective in substance; that there were u…