This appeal arises from the judgment of the High Court in Probate and Administration Cause No. 36 of 2005 whereby the petition filed by the Appellant was dismissed and the caveator Tabea Makange was appointed the administratrix of the estate of the deceased, Robert Makange. The Appellant filed a petition in the High Court seeking to be appointed as administratrix of the estate of the deceased. This was Probate and Administration Cause No. 36 of 2005. The Respondent filed a caveat to oppose the appointment of the Appellant as administrator. However, the Respondent also filed in the High Court Probate and Administration Cause No. 35 of 2005 seeking to be appointed as administrator of the deceased’s estate. Both the Appellant and the Respondent claimed to have been married to the deceased.