This appeal emanates from a dispute as to who should apply for letters of administration
in the estate of one, Harvey Robert Kulucheta Somanje, hereinafter referred to as “the deceasedâ€.
After a long illness, the deceased instructed Messrs Wilson & Morgan, a firm of legal
practitioners, to draft his will. A lawyer in the said firm duly drafted the will and made
arrangements for the deceased to come with his two witnesses the next Monday, on 1st
June 1999, for the formal attestation to the document. Unfortunately, as fate had it, the
deceased died in the early hours of Sunday, 30th May 1999.