JUDGMENT
November 15, 1988, Gachuhi, Apaloo JJA and Kwach Ag JA delivered the following Judgment.
Wanjiru Mutanduki, the appellant in this appeal is the registered proprietor of the parcel of land known as No Kiambu/Kanunga/661. The respondent is the widow of Gatui, the appellant’s son who died in 1974 leaving no male issue. He was survived by his wife (the respondent) and a number of daughters.
After the death of her husband, the respondent gravitated to Narok in order to earn a living for herself and her children but left one daughter behind to maintain a physical presence on the land. The evidence shows that at some time after the death of her son, the appellant decided that it was no longer desirable for the respondent to retain her right to stay on the land. When the respondent discovered the true intentions of her mother-in- law, she lodged a caution against the title in order to prohibit any dealing with the land. She did this in order to protect her interest and the interest of h…