IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Kneller, Hancox JJA and Nyarangi Ag JA )
CIVIL APPEAL 45 OF 1983
BETWEEN
RUTH WAMUCHI KAMAU..............................................................APPELLANT
AND
MONICA MIRAE KAMAU..............................................................RESPONDENT
(Appeal from the High Court at Nairobi, Scriven J)
JUDGMENT
Ruth Wamuchi Kamau, the appellant, was married to Gregory Githera (or Gicharu) Kamau, the son of Michael Kamau Wa Ngori (or Nguri) and Monica Mirae Kamau, the respondent. Michael, the father, died sometime in 1968 and Gregory, the son, on January 8, 1973. During their lives, they seemed to have lived in reasonable amity as father and son should. They each owned and farmed land on the opposite sides of the river Karamaino by mid-1956 on which they had their houses.
At the beginning of June 1956, Michael, the father, owed Gregory, the son, a balance of Kshs 9,000 for a judgment debt (Nairobi High Court Civil Suit 153 of 1950) and by a written …