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Alphonce Mukabale Mushira v. Joseph Ngaira Mukabale & Francis Mukabale

(2014) JELR 105684 (CA)

Court of Appeal  •  Civil Appeal 5 of 2013  •  10 Dec 2014  •  Kenya

David Kenani Maraga, Festus Azangalala, Sankale ole Kantai



This appeal is from the judgment of the High Court at Kakamega (S.J. Chitembwe,J.) given on 12th July, 2012 in favour of the respondents herein in respect of parcel numbers Isukha/Mukhonje/1536, 1537 and 1538 which were sub-divisions of parcel number Isukha/Mukhonje/244 formerly registered in the name of the deceased father of the respondents and the appellant. The judgment was after a full trial in the suit filed by the respondents by way of a plaint dated 4th July, 2006 in which the respondents sought three declarations, cancellation of the appellant's name as proprietor of parcel number Isukha/Mukhonje/1536, and an injunction.

In response to the suit the appellant, Gaitano Martin Salwa Lukhavila (“Salwa”) and Peter Shikanga Shimwayi (“Shikanga”) (“the 2nd and 3rd defendant” in the lower court) filed a joint statement of defence by which they denied the claim and challenged the locus standi of the respondents to commence the suit. They did so, in the following te…

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