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JUDGMENT OF THE COURT
On 18th May, 1993, Jelita Makokha Mwechelesi and her co-wife Christine Lichuma Mwechelesi instituted H.C.C.C. No. 195 of 1993 in the High Court of Kenya at Kakamega and the said suit was brought against Obadiah Manasseh Musera over land known as LR KAKAMEGA/CHEKALINI/84. It appears that at the time the suit was instituted, the two women who brought it were the widows of one Mwechelesi Butiya Lusweti for in paragraph (1) of the plaint it was averred that:-
“The plaintiffs are female adults of sound mind and personal Representatives of MWECHELESI BUTIYA LUSWETI, their deceased husband ----------------“
In the relevant parts of the plaint, it was alleged as follows:-
“3. During 1964 the deceased MWECHELESI BUTIYA LUSWETI purchased the parcel of land now registered in the Defendant’s name as KAKAMEGA/CHEKALINI/84 from the Settlement Fund Trustees and commenced paying off the outstanding loan thereof.
4. The deceased settled on the said land with his wives the plaintiffs.
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