ZIPPORAH WANJIRU MWANGI V. ZIPPORAH WANJIRU NJOROGE

JUDGMENT OF THE COURT

In 1992, Joel N. Mbugua, now deceased, was the registered proprietor of the parcel of land known as RUIRU/KIU/BLOCK 2 (GITHUNGURI) 3948 (hereinafter referred to as “the suit land”) which measures 0.5000 of a hectare and was registered under the Registered Land Act (Cap.300), now repealed. There is uncontroverted evidence on record in this appeal that the suit land was purchased by Joel N. Mbugua and his wife, Zipporah Wanjiru Njoroge with whom he had four sons and three daughters. Three of the sons who include George Mwangi Njoroge are now dead. The latter was survived by a daughter, Zipporah Wanjiru Mwangi, who is the appellant in this appeal.

In 1996 during his life time, Joel N. Mbugua transferred the suit land to his son, George Mwangi Njoroge as a gift to enable him to use it as a collateral to secure a loan. There was no money passing hands as consideration for the transfer. Ostensibly, the consideration was love and affection by a father to a son.

Joel N. Mbu…