PETER WAHOME KIMOTHO V. JOSPHINE MWIYERIA MWANU

JUDGMENT OF THE COURT

[1] On 16^th July, 2010, Sergon J., dismissed an application by Peter Wahome Kimotho, the appellant, wherein he had sought the revocation or annulment of the grant of letters of administration issued to Josphine Mwiyeria Mwana, the respondent. The respondent’s late husband, John Munnu Njugi, had entered into a sale agreement for purchase of a portion of the deceased’s parcel of land known as LR NO THEGEGE/IHITHE/520, (hereinafter referred to as the suit land) with Ester Njoki Kimotho. The appellant is a son of the late Charles Kimotho Mukunu (deceased) who died intestate on the 7^th day of December, 1985.

[2] The genesis of this dispute that has now snowballed into the present appeal can be linked to a sale agreement dated the 21^st February, 1995. In that sale agreement, Ester Njoki Kimotho in her capacity as the widow of the deceased agreed to sell to John Munnu Njugi (the deceased), who we understand was the husband of the respondent, a portion of the aforesaid par…