ESTHER NJOKI RURIGI V. PATRICK GATHENYA

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of the superior court in H.C.C.C. No. 504 of 1989 (O.S) wherein the appellant’s suit was dismissed with costs. The appellant Esther Njoki Rurigi is the administratix of the Estate of Rurigi Njoroge Njeri – her husband who died in 1967. The couple was living in Kiserian, Ngong in Kajiado District. Her deceased husband was the registered proprietor of land title No. Kiambaa/Kanunga/499“A” in Kiambu District under the Registered Land Act (RLA) since 24th May, 1958, (suit land). In 1987 the appellant filed a petition for grant of letters of administration to the estate of her deceased husband in High Court Probate and Administration Cause No.192 of 1987. She was granted the letters of administration, which were later confirmed. Thereafter she was registered as proprietor of the suit land by transmission and issued with a Title Deed on 20th January, 1989. When she went to the suit land, however, she found that the responde…