EDWARD MUROKI MBIYU V. JOSEPH MBIYU NJENGA

JUDGMENT OF THE COURT

1. This matter pits brother against brother over a modest portion of land which they inherited from their mother who had earlier inherited the same from their grandfather and distributed it to her children, among them the parties herein. Following the said subdivision and distribution, some structures belonging to the appellant crossed to the respondent’s portion.

2. Efforts to have the respondent move to his portion, as the other siblings had done was rebuffed, with the result that Joseph Mbiyu Njenga (the respondent) moved to the Environment and Land Court (ELC) at Nairobi vide ELC No. 837 of 2015; by a plaint dated 31st August, 2015 seeking orders inter alia that:-

“(a) Declaration that the suit land Title No. Dagoretti/Riruta/5239 belongs to the plaintiff;

(b) An order for eviction of the defendant from the suit land, his agent, servants or any other persons in occupation thereof by virtue of consent or authority of the defendant and for demolition of any structu…