SAMUEL M MUGENYA V. WANJIRU MUGENYA & ANOTHER

JUDGMENT

Cases

1. Sha v. Aguto [1970] EA 263 at p 265

November 11, 1987, Nyarangi J A delivered the following Judgment.

This is an appeal from the judgment of the late Mr Justice J S Patel to interfere with the decision of the second class magistrate, Nyeri, that land parcel number Tetu/Unjiru/623 be shared equally between the houses of Wanjiru d/o Mugenya and Margaret Nyokabi w/o Mugenya.

At the trial, the respondents testified that their deceased husband had two parcels of land one of which was registered under the name of Thuguri the first wife of the deceased. The two respondents said that the other piece of land should be shared between themselves. Livingston Ndugu, David Mwangi and Wagura sons of the deceased man by his second wife identified the two parcels of land as number 56/Maraihu/Tetu (4.2 acres) and number 623/Unjiru/Tetu (5.5 acres) and added that land number 56 was given to the first wife of the deceased man, by the deceased, that the first wife was buried on the land but t…