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Wangai v. Njeru

(1993) JELR 95129 (CA)

Court of Appeal  •  Civil Appeal 117 of 1990  •  29 Jul 1993  •  Kenya

Coram
Abdul Majid Cockar, John Mwangi Gachuhi, Mathew Guy Muli

Judgement

IN THE COURT OF APPEAL

AT NYERI

(Coram: Gachuhi, Cockar and Muli JJ A)

CIVIL APPEAL NO 117 OF 1990

WANGAI....................APPELLANT

VERSUS

NJERU..................RESPONDENT

(Appeal from an order of the High Court of Kenya at Nyeri (Abdulla J)

dated 28th September, 1989 in HCCC No 120 of 1983)

JUDGMENT

The respondent, a married woman and the registered proprietor of a piece of land, filed a suit praying for eviction of the appellant from the land registered as Kagaari/Kigaa/259 situated in Embu. The suit was contested by the appellant on the ground that, the respondent being a married woman could not inherit land from the appellant’s husband according to custom. It came out clearly from the pleadings that the respondent was given the said land during the lifetime of her father, the husband of the appellant. The appellant pleaded that if the respondent was given land then she became registered proprietor as trustee and so she held the land on trust. By consent of the parties, the dispute was r…

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