JUDGMENT OF THE COURT
The appellant, Teresa Wachuka Gachira (Teresa) is the stepmother of the respondent, Joseph Mwangi Gachira (Joseph). She was the second wife of Gachira Muriuki Mwangi (“the deceased”), the father of Joseph with his first wife, who died intestate in 1987. In issue between them is a parcel of land in Othaya, LR. No. Othaya/Kihugiru/11 (“the disputed land”) measuring approximately 3.8 hectares or 9.4 acres.
In a suit filed by Joseph against Teresa about 17 years ago in February, 1992, Joseph asserted that he was the sole registered owner of the disputed land since 1958. He had constructed a house thereon in which his mother resided and had allowed Teresa to occupy one of the rooms in that house as a licencee. He subsequently revoked the licence and asked Teresa to move out but she refused, hence the suit in which he sought a court order for eviction and general damages for trespass.
Teresa shot back in her defence contending that the disputed land was registered in the …