IN THE COURT OF APPEAL
AT KISUMU
(Coram: Akiwumi, Tunoi and Lakha JJ A )
CIVIL APPEAL NO 181 OF 1995
Between
CHARLES OGEJO OCHIENG ...................APPELLANT
AND
GEOFFREY OKUMU.................................RESPONDENT
(Appeal from the judgment and decree of the High Court of Kenya at Kisii (Mr Justice Mbaluto) dated 26th April, 1995 in HCCC No 464 OF 1991)
JUDGMENT
This appeal is from the judgment of the High Court of Kenya at Kisii (Mbaluto J) delivered on the 26th April, 1995. In that judgment the Court dismissed the suit by the appellant for orders of eviction of the respondent and a permanent injunction restraining him from interfering with the suit land parcel number Suna East/Wasweta 1/1682 of which the appellant is the registered proprietor.
The basis of the appellant’s prayers was trespass. He averred that the respondent had trespassed on his land parcel. But the respondent provided evidence to the effect that he is not on the appellant’s land but on his own land known as LR No 8534…