REBECCAH NJERI MUTURI V. VIOLET WAMBUI MUTURI

JUDGMENT OF THE COURT

Background

[1] This is an appeal against the ruling of the High Court (Achode, J.) where the learned Judge ordered that the titles acquired pursuant to the subdivision of LR. No. 3057 Oljoro Orok (the suit property) be nullified and cancelled and that the suit property be sub divided into two equal portions or in the alternative that the appellant shall relinquish two of the three subdivisions and retain the subdivision on which her matrimonial home stands.

[2] A brief background of the appeal is that Johnson Muturi Muchemi (the deceased) who was domiciled in Kenya died intestate on 13th May, 2002. He was survived by two widows, namely, Rebeccah Njeri Muturi (the appellant) and Violet Wambui Muturi, (the respondent). The deceased was also survived by seven children. From the house of the appellant, the deceased had four children, namely, Alice Wairimu, Mary Wangui Muturi, William Muchemi Muturi and Asaph Mwangi Muturi. From the house of the respondent, the deceased …