JUDGMENT OF THE COURT
This is an appeal against the judgment of the superior court (Juma, J) delivered on 17th November, 1999 whereby the learned Judge allowed an appeal brought in that court by the present respondent against a decision of the Resident Magistrate at Murang'a.
The appellant Susan Muthoni Kamau filed a suit in the Magistrate's Court at Murang'a seeking a declaration that she owned a half share in a parcel of land known as T.P. No. 25 in Murang'a town. The suit was against the present respondent, Peter Kanyua . The appellant claimed that she had orally agreed with the respondent that she would own one-half of the said property while the other half would remain with the respondent; and that such joint ownership would be effective upon her providing a sum of Shs. 5,000/= as deposit and Shs. 215/= for purchase of some forms. She claimed further that the respondent refused to abide by the terms of the agreement and was collecting and retaining all the rent earned from the said…