IN THE COURT OF APPEAL
AT MOMBASA
(CORAM: NYARANGI, APALOO JJA and MASIME AG JA)
CIVIL APPEAL NO. 18 OF 1987
STEPHENS and 6 OTHERS ....................... APPELLANTS
VERSUS
STEPHENS and ANOTHER...........................RESPONDENT
(Appeal from the High Court at Mombasa, Bhandari J)
JUDGMENT
The late Harry Claphans Stephens (hereinafter called the deceased) died intestate on January 14, 1958. The evidence is such that it is not possible to paint an accurate picture of his personal circumstances. But he seems to be a man of small means. The only known assets he died possessed of, were a plot of land 5.52 acres in area at Kisauni, Mombasa, a piece of unregistered land at Taveta, a motor vehicle and some unspecified personal effects. The Kisauni plot was his home and that of his family. It is the plot in dispute in the suit which culminated in this appeal. The late HC Stephens was survived by a wife, three sons and three daughters. These were his own off-spring. They are the appellants in this cas…