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AGNES KWAMBOKA OMBUNA V. BIRISIRA KERUBO OMBUNA

(2014) JELR 105623 (CA)

Court of Appeal  •  Civil Appeal 106 of 2011  •  19 Sep 2014  •  Kenya

Coram
John walter Onyango Otieno Festus Azangalala Sankale ole Kantai

Judgement

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 (“the suit premises”). The respondent sought a declaration that she was the sole registered owner of the suit premises, eviction of and injunction against the appellant who had, according to the respondent, unlawfully, without reasonable or just cause or excuse trespassed upon the suit premises.

In her response to the respondent's claim, the appellant denied that the respondent was the registered proprietor of the suit premises absolutely as she…

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