<p style="text-align: center"><strong><u>JUDGMENT OF THE COURT</u></strong></p><ol><li><p style="text-align: justify">The appeal arises from the judgment of W, Musyoka, J. in respect to an application dated 8th December 2005 for revocation of the grant made to <strong>Miriam Muthoni Mburu (Deceased) and Salome Wambui Gitau </strong>the Petitioners, who are the respondents herein, on 31st December 2003. The summons for revocation of the grant was seeking revocation of the grant on the basis that the proceedings to obtain it was defective, that the grant was obtained fraudulently and that it was obtained on the basis of an untrue allegation of facts. It was the appellants’ contention that the deceased, who was the mother and grandmother of the 1st and 2nd appellants respectively, [who were father and son] did not make any will, that at the time of the alleged making of the will she was too old, too sickly and senile to make one. He also alleged that the deceased was illiterate; and that she disposed of <strong>Gatamaiyu/Kamuchege/415 </strong>(hereinafter suit property) which she had no capacity to dispose of, clai…</p></li></ol>