REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: ONYANGO OTIENO, AZANGALALA and KANTAI JJ.A)
CIVIL APPEAL NO. 106 OF 2011
BETWEEN
AGNES KWAMBOKA OMBUNA................................................. APPELLANT
AND
BIRISIRA KERUBO OMBUNA..................................................RESPONDENT
(An Appeal from a Judgment of the High Court of Kenya at Kisii
(Makhandia, J.) dated 17th January, 2011
in
H.C.C.A. NO. 132 OF 2008)
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JUDGMEMT OF THE COURT
This appeal is from the judgment of the High Court (Asike Makhandia, J., as he then was) in Civil Appeal No. 132 of 2008 - at Kisii. The appellant, Agnes Kwamboka Ombuna, was also the appellant in that appeal whilst the respondent, Birisira Kerubo Ombuna, was the respondent. The appeal before the High Court was from the decision of SMS Soita, Ag. Senior Principal Magistrate – Kisii. The appellant was the respondent in a suit which was filed by the respondent. The dispute was over parcel number Nyaribari Masaba/Bokimotwe/619…