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 8534/130 to which he holds title having acquired it from the Government of Kenya. The learned judge found that there was an apparent confusion in the actual position of the two parcels of land which confusion sprang from the sub-division in or about 1975 of the head title of the original plot number 193 then registered in the name of Ochieng Orwa, the appel…