JUDGMENT OF THE COURT
The suit property is Ruguru/Kiamariga/711 registered in the name of the respondent and it measures 3.2 acres. The appellant’s claim is that the respondent holds the title to the suit property on trust in equal shares for both parties to the appeal.
The background to the suit as stated in the Plaint is that the appellant and the respondent are brothers and are the sons of a one Maina s/o Gathiha now deceased. Maina s/o Gathiha was a polygamous man with two wives. The first house had three sons namely the respondent, the appellant and a third son. The second house had two sons. That during land demarcation in 1959, Maina s/o Gathiha had two parcels of land bearing Land Reference Ruguru/Kiamariga/711 and Land Reference Ruguru/Kiamariga/710. That Land Reference Ruguru/Kiamariga/710 was registered in the name of Maina s/o Gathiha and Land Reference Ruguru/Kiamariga/711was registered in the name of the respondent who was the 1st born son to the said Maina s/o Gathiha .