RULING OF THE COURT
The applicant, Dorothy Nelima and the 1st respondent, Hellen Nekesa Nielsen are sisters. The former was married to Johannes Fredrich Wilhelm Lowe, a German national who is since deceased (the deceased). Her sister, the 1st respondent is also married to a German, Paul Fredrick Nielsen, the 2nd respondent. They live in Germany but visit Kenya from time to time.
The dispute involves the ownership of 1⁄2 share of parcel of Land No. KWALE/DIANI BEACH BLOCK/372 (the property) on which stands some
cottages, and in which the respondents claim 1⁄2 share by way of purchase. It was the contention of the respondents that in 2003 it was agreed between the parties that the property would be transferred to the respondents upon payment of 50,000 Deutsche Marks (DM); that they paid 20,000 DM in cash and the balance by various installments; that at the time the deceased died the respondents had paid him in excess of the purchase price; that in the same year (2003) the property was tran…