GEOFFREY MANGERA OMWOYO V. YOBENCIA KEMUNTO KEMONI & MARGARET NYAITODI GWOMA

JUDGMENT OF THE COURT

INTRODUCTION

1. The respondents’ suit in the High Court sought re- survey of a sub-division of a parcel of land that had been sold to the appellant and the remainder thereof so that their measurements could accord with their respective sizes as shown in the mutation and transfer forms executed by the parties in 1980.

2. The trial court found that the parcel of land occupied by the appellant was much bigger than had been sold to him, demonstrating that there had been unlawful extension of the boundaries. The trial court allowed the respondents’ prayer. The appellant was aggrieved by that decision and preferred an appeal to this Court.

THE RESPONDENTS’ CLAIM IN THE HIGH COURT

3. The respondents are wife and daughter respectively, of the late Kemoni Ngiti Osemo (“deceased”), and are the registered owners by transmission of land parcel No. Matutu Settlement Scheme/214 (“Parcel No. 214”) while the appellant is the registered proprietor of land Parcel No. Matutu Settlement …