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 case. The deceased also stood in loco parentis to his nephew Joseph Stephens, his sister’s son and he adopted Jaldoon Ramadhan – both males. They are the respondents in this appeal. It is common ground that all the parties together were the lawful heirs and successors to the de…