FRACIS ORIGO & PETER PANYAKO V. JACOB KUMALI MUNGALA

JUDGMENT OF THE COURT

This is an appeal from the ruling of the learned Commissioner of Assize, A. Visram (as he then was) delivered on 6th March, 2001 in which he dismissed the appellants’ application for review. This is an appeal with a long history. The appeal relates to a piece of land known as Chepsaita Settlement Scheme/35 (“the suit land”) measuring about 62 acres or thereabout. This piece of land was purchased from a lady known as Roda Jepkosgei. It has been the appellant’s contention that they contributed towards the purchase price but the title was issued in the name of the respondent, Jacob Kumali Mungala. With the title in his name, the respondent instituted a civil case in the Resident Magistrate’s Court in which he sought an eviction order against the appellants, Francis Origo and Peter Panyako. The eviction suit was heard and determined by the then Resident Magistrate, Mr. E.F. Aragon who found in favour of the respondent and ordered that appellants be evicted from the su…