WOKI KAMONDE V. LIVINGSTONE MUNYUI KINUTHIA, HARRISON WAGACHA KINUTHIA, MUNYUI KINUTHIA & ESTHER KANYI MUNGAI

JUDGMENT OF THE COURT

This is an appeal arising from the judgment of Rawal, J. (as she was then), dated the 8^th day of April 2008, dismissing the appellants’ originating summons (OS) with costs to the respondents.

The brief background to the appeal is that the appellant is a step sister to the 1^st, 2^nd and 3^rd respondents, (the respondents), being children of Paul Kinuthia Munyui (deceased). The deceased was the registered proprietor of land parcel Number Kiambaa/Ruaka/T.210, (the suit property), on which he settled the appellant in 1958. On 6^th October 1973, the deceased transferred the suit property to the respondents and another person by way of a gift intervivos. The OS resulting in this appeal was triggered by the respondents’ sale and transfer of the suit property to the 4^th respondent while the appellant was still settled thereon.

In the OS, the appellant contended that the deceased settled her on the suit property in his capacity as her father; that she was therefore entitled to …