LUCIA NGAIRA, ROSELINE ADISI & LUCY ODIAMA V. JACKSON EKIM OMAIDO

JUDGMENT OF THE COURT

1. The suit that gave rise to this appeal was instituted by the respondent against the appellants on 8^th August, 2014. The respondent is the registered owner of a parcel of land known as L.R. No. 8699/7, hereinafter referred to as “the suit land”.

2. The appellants are widows of the late Collins Otwane Omunga, hereinafter referred to as “the deceased”, who died on 14^th August, 2014.

3. The suit land was part of a larger parcel of land that was originally owned by a colonial settler known as Alfred Arthur Durani Martineau, hereinafter referred to as “Durani”.

4. The respondent’s father, Jonam Omaido Mishael (Jonam) as well as the deceased were employees of Durani. In 1972 Durani gave Jonam half undivided joint interest in the suit land. Following the death of Jonam on 16^th October, 1992, his half undivided share in the suit land reverted to Durani. Durani died in 1994. In his will he had bequeathed the entire suit land to the respondent. Consequently in 2008 the respo…