JUDGMENT OF THE COURT
This is an appeal from the ruling and order of Meru High Court (Ong'udi, J.) in Civil Appeal No. 17 of 1993 made on 24th July, 1995.
Ntibuka M'Mucheke (the plaintiff) sued her elder brother M'Arachi M'Mucheke (1st defendant) and his son Charles K. Arachi (the 2nd defendant) claiming that at the time of land adjudication, land parcel No. Ntima/Igoki/3558 was registered in the name of the 1st defendant but the 1st defendant was to hold 11⁄2 acres of it which was the plaintiff's portion of land in trust for the plaintiff. It had been given to her by her father as a gift way back in 1955. It was further claimed by the plaintiff that the 1st defendant without the knowledge of the plaintiff subdivided the said parcel of land into several portions and transferred one of the subdivisions namely Ntima/Igoki/3632 measuring 11⁄2 acres to his son, the 2nd defendant, by way of a gift in order to defeat the plaintiff's right in respect of that portion of the land. The plaintiff …