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RUTH WAMUCHI KAMAU V. MONICA MIRAE KAMAU

(1984) JELR 105055 (CA)

Court of Appeal  •  Civil Appeal 45 of 1983  •  13 Feb 1984  •  Kenya

Coram
James Onyiego Nyarangi, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

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 agreement of June 4 that year, Gregory, the son, was given by Michael, the father, one acre, or 0.44 of a hectare of his 4.12 hectares Chania/Makwa/789. This acre was subdivided and registered as Chania/Makwa/792 and belonging to Gregory.

This small plot which Michael gave to Gregory was in the middle of Michael’s land and to get to it, Micha…

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