IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Potter, Kneller JJA and Chesoni Ag JA )
CIVIL APPEAL NO 25 OF 1982
KIMANI GITUANJA.......................................APPELLANT
AND
JANE NJOKI GITUANJA.............................RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Nairobi (Gachuhi, J) dated June 12, 1980 in Civil Case No 1995 of 1980) __________________
JUDGMENT
The appellant, Kimani Gituanja, is the registered proprietor of the piece of land known as Kabete/Nyathuna/53 which by measurement is 7.44 hectares. On July 24, 1980, the respondent filed a suit in the High Court against the appellant for the orders that:
a) the said piece of land be registered in the respondent’s and appellant’s names as joint owners in common in equal shares;
b) alternatively, the piece of land be subdivided into two equal portions and one of the two portions be transferred to and registered in the name of the respondent and the other in the name of the appellant, and
c) the land registrar at …