JUDGMENT
Background
1. This is a first appeal by PO, (the appellant), whose originating summons was dismissed in its entirety by the High Court. He approaches us now urging us to do our duty on a first appeal as has been set by this Court in Abok James Odera and Associates v. John Patrick Machira t/a Machira and Co. Advocates [2013] eKLR which stated as follows regarding the duty of first appellate court:-
“This being a first appeal, we are reminded of our primary role as a first appellate court namely, to re-evaluate, re-assess and reanalyse the extracts on the record and then determine whether the conclusions reached by the learned trial Judge are to stand or not and give reasons either way.”
2. The background to the dispute between the parties is as follows: the appellant and JNK (the respondent), were married under Gusii Customary law in 1956. This marriage was dissolved on 3rd June 2003 in Eldoret. Subsequently, by way of an Originating Summons brought under the Married Women’s Prope…