JUDGMENT
This appeal relates to a dispute between sisters-in-law. The two had been married to brothers, both of whom were deceased at the time the appellant filed her suit by way of Originating Summons dated 25th April 2012. She brought the claim on her own behalf and on behalf of her deceased spouse, James Omoto Oulula, as his spouse and personal representative. The claim was filed against the respondent, Maria Were Oduor, on her own behalf and on behalf of Silvanus Oduor Oulula, her deceased husband.
The appellant alleged in the Originating Summons that the land comprised in Marachi/Kingandole/16 is held in trust by the respondent. She asked the court to find that the land is a share of her inheritance from the parties’ deceased parents and is held by the respondent as the eldest child in trust for her. She further alleged that the respondent, in breach of the said trust, had converted the land to her own use and had refused to surrender it to the appellant. She further asked the cour…