TIBIL DUNG V. ZANG CHUNG GYANG

ORAH, J.C.A. (Delivering the Leading Judgment): The appellant herein was the plaintiff at the Area Court Grade 1 Bukuru in Suit No.CV.421/84H/Date 27/12/84. In that case, the appellant had sued the defendant (respondent herein) claiming possession of a farm land fenced with cactus situate at Manga Gyel in Bukuru.

At the Area Court Grade 1. Bukuru, the plaintiff's case was:-

"That he (plaintiff) inherited the farm land in dispute from his father. That Zang Chung Gyang who was the defendant's senior brother and the plaintiff's father were from the same parents. The land in dispute went into the defendant's possession, when Zang Chung Gyang came to the plaintiff's father and begged the plaintiff's father for a place they will use in farming in order to feed. The plaintiff's father agreed and gave Zang Chung Gyang, the farm land now in dispute for farming on the condition, that if the plaintiff's children should grow up, Zang Chung Gyang should return the farm. Zang Chung Gyang promised…