PAUL MBURU NJOROGE V. JOSEPH WAWERU GITUMBII

JUDGMENT OF THE COURT

This matter has an unfortunate and chequered history. It is an example of proceedings which have been protracted largely because of a mistake which could easily have been avoided.

The appellant Paul Mburu Njoroge, and the respondent, Joseph Waweru, are step brothers and the sons of Johana Gitembei alias Gitembei Gikebe, deceased. He died on 2^nd April 1981, and was survived by two wives and several children. Following his death the respondent applied to the Resident Magistrate’s court at Kiambu, and was granted letters of administration for his estate. The grant was confirmed on 11^th November, 1986 after an objection by one Gikebe Gitembei was heard and dismissed. Later the appellant applied to the High Court at Nairobi for the revocation of that grant. His application was filed in person on 8^th June 1987. The grounds for the application are not material in this appeal. Suffice it to state that he was aggrieved with the manner the estate was shared between the two h…