<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The appellant Peter Ndung&#x27;u Njenga is the husband of the respondent Sophia Watiri Ndungu. The marriage between the two was celebrated in 1952 in accordance with the ceremonies prescribed by Kikuyu customs. On 23rd August, 1993 the appellant married Mary Wanjiru Njogu at the Registrar&#x27;s office, Nairobi. When he went through the ceremony of marriage at the Registrar&#x27;s office he was described as &quot;married under customary law.&quot;</p><p>It would appear that the appellant&#x27;s second marriage triggered off the proceedings in the superior court. The respondent sued him claiming the following reliefs:-</p><p><em>&quot;(a) A declaration that the defendant (the appellant here) holds the properties comprised in the parcels of land known as NGONG/NGONG/3949 and KAJIADO/NGONG/432 in trust for himself and the plaintiff (the respondent here) as beneficial owners in equal shares;</em></p><p><em>(b) An injunction perpetually restraining the defendant whether by himself, his servant or agents or otherwise howsoever from trans…</em></p>