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

JUDGMENT OF THE COURT

BACKGROUND

1. This is a first appeal from the judgment of the High Court at Busia (Kibunja J), where Florence Asami Agoro (the 1^st appellant), Jackton Oindi Agoro (the 2^nd appellant), Raphael Amukuyi Agoro (the 3^rd appellant), Reuben Makanga Agoro (the 4^th appellant), Charles Lukose Agoro (the 5^th appellant) and Elphas Mbayi Agoro (the 6^th 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 1^st respondent), Alloysuis G Wanda (the 2^nd respondent) and Pamela Kavoki Wanda (the 3^rd respondent) (collectively referred to as the respondents).

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