JUDGMENT OF KIAGE, J.A
At the heart of this long drawn out dispute over some land in Kiambu County is the sod tale of selfishness and greed where two brothers turn a covetous eye and seek to gobble up their dead kin’s land, wrestling it from his widow and children.
The dispute concerns a property known as Dagoretti/Waithaka/181 (suit property). The suit property belonged to the late Karubichu Kiarie (Karubichu) who was survived by two widows; Wangari Karubichu (Wangare), the first and Wanjiku
Karubichu (Wanjiku), the second, who had pre-deceased him. Out of the suit property, Wangare was bequeathed by Karubichu 2.10 acres while Wanjiku was awarded 1.60 acres. Wangare subdivided her share of the property in the following manner; 0.50 acres to herself, 0.80 acres each of her sons Chege Macharia (Chege) and Mbugua Miruru (Mbugua). Since Wanjiku was deceased, her only son Kamau Karubicho (Kamau) inherited her entire share.
Upon the death of Chege on 23rd July 1989, Mbugua who is also now dece…