REUBEN KAMWOCERE V. HELLENA WAKINA MAURICIO

JUDGMENT OF THE COURT

This matter involves a land dispute between relatives in respect of parcel number Gaturi/Nembure/2548 (suit land) measuring 3.04 acres. The appellant is the respondent’s nephew.

The suit land was initially registered in favour of one Nginyane Njamwitha (deceased), the appellant’s grandfather. After the demise of the deceased, the appellant filed Succession Cause No. 5 of 1978 in the District Magistrate’s Court at Runyenjes. According to the appellant, a consent judgment was entered on 28^th February, 1978 wherein all the beneficiaries to the deceased’s estate including the respondent’s mother agreed to the appellant solely and absolutely inheriting the suit land. Consequently, the title was registered in favour of the appellant on 7^th July, 1978.

In the year 2004, the respondent filed a claim in the Embu Land Dispute Tribunal being LDT No. 3 of 2004 seeking a share of the suit land on the ground that she was the daughter of the deceased hence entitled to his estate. …