The court found that Dagoretti/Riruta/T.36 was not the free property of the deceased at the time of his death, as it was registered in the name of another person (the late Joel Njuguna Gitau). The administrators were aware of the disputed ownership and failed to disclose this material fact during the confirmation of the grant. The omission of this information was material and justified review of the judgment. Consequently, the court exercised its discretion under Order 45 rule 1 and 2 of the Civil Procedure Rules to review and exclude Dagoretti/Riruta/T.36 from the estate of the deceased, pending determination of the ownership dispute in HCCC No. 529 of 2000 (OS).