JUDGMENT OF KNELLER J A
Omumba Achola ( Achola ) a butcher in Kisumu asks this court to allow his appeal with costs, set aside the judgment and decree of the High Court at Eldoret dated February 18, 1983 and substitute orders dismissing with costs the prayers of ( the late ) Peter Ondieki Ganga ( Ondieki ) in the suit.
Ondieki, a Zonge Settlement Scheme farmer, died intestate at Songhor on July 14, 1983 and by an order of the High Court at Kisumu, letters of administration were granted to the Deputy Public Trustee there on August 14, 1984. And on September 27, 1985, by consent, this court made the Public Trustee a party to the appeal in place of the late Ondieki, adding an order that the costs of and incidental to the appellant’s application for this to be done should abide the result of this appeal.
Mr Ubaldo Fernandes represented Achola in both courts and Mr Philip arap Tunoi appeared for Ondieki in the High Court and the public trustee before this court.
The Public Trustee asked for t…