JUDGMENT
Mrs. Kanyi Muthiora, the appellant, asks this court to set aside the judgment and decree of the High Court in Nairobi (Muli J) of February 15, 1980 and, instead, make an order that the suit of Miss Maritha Nyokabi Muthiora, the respondent, be dismissed with costs and the respondent opposes this and asks for the appeal to be dismissed with costs.
The judgment and decree ordered that the respondent, who was the plaintiff in the High Court should have 3 acres of some 12.5 acres known as Komothai/Karatina/63 and that the appellant, the defendant in the High Court, should transfer them when the three acres have been subdivided and then she was to sign all the relevant documents and if she did not do so then one of the Deputy Registrars was to do this. Each party was to bear its own costs of this litigation including those of the officials who surveyed and marked the three acres.
The appellant in her memorandum of appeal has taken four grounds in support of her submissions that the le…