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 referred to a single arbitrator. The land in dispute comprises of approximately 10 acres.
The evidence before the arbitrator was that Jackson Karucho (the deceased) a polygamist, the senior wife is the mother of the plaintiff/respondent and the other wife is the defendant/appellant. The se…