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Florence Asami Agoro, Jackton Oindi Agoro, Raphael Amukuyi Agoro, Reuben Makanga Agoro, Charles Lukose Agoro & Elphas Mbayi Agoro v. Samuel Oyindi Agoro, Alloysius G Wanda & Pamela Kavoka Wanda

(2019) JELR 97852 (CA)

Court of Appeal  •  Civil Appeal 94 of 2015  •  27 Jun 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed




1. This is a first appeal from the judgment of the High Court at Busia (Kibunja J), where Florence Asami Agoro (the 1st appellant), Jackton Oindi Agoro (the 2nd appellant), Raphael Amukuyi Agoro (the 3rd appellant), Reuben Makanga Agoro (the 4th appellant), Charles Lukose Agoro (the 5th appellant) and Elphas Mbayi Agoro (the 6th appellant) (collectively referred to as the appellants), seek to set aside the judgment of the High Court which dismissed the appellant’s case seeking a rectification of the register on the basis that the appellants had failed to prove their case on a balance of probabilities against Samuel Oyindi Agoro (the 1st respondent), Alloysuis G Wanda (the 2nd respondent) and Pamela Kavoki Wanda (the 3rd respondent) (collectively referred to as the respondents).

2. The background to the appeal can be gleaned from the plaint dated 30th November, 2012 which was anchored on Sections 25(2), 28 and 93 of the Land Registration Act (LRA). Briefly…

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