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Godfrey Shimonya Peter,Corenel German Mumia,Gerald Oyemba Mumia & Josephat Afubwa Mumia v. Mary Anyango Ameka & Levi Omondi Ameka

(2018) JELR 98102 (CA)

Court of Appeal  •  Civil Appeal 79 of 2011  •  20 Jul 2018  •  Kenya

Coram
Wanjiru Karanja, Festus Azangalala, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The dispute surrounding land Parcel LR NO. BUTSOTSO/INDANGALASA/232 (suit property), the subject of this appeal, spans almost three decades with the parties litigating before the Land disputes Tribunal, the Senior Resident Magistrate’s court Kakamega, the High Court and eventually ending up in this Court by way of this appeal.

We shall attempt to give a brief history of the same without delving into unnecessary detail for purposes of this judgment.

From the record of appeal before us, one Frank Ameka now deceased, (whose estate is represented in this appeal by the respondents herein), is said to have purchased the suit property from one Omumia Ingabi alias Sebastiano Mumia Ingabi (also deceased), on 30th August, 1973. According to Mr. Ameka, he purchased the suit property after doing due diligence and confirming that the land in question was registered in the name of Mr. Mumia, and further that the land was unoccupied.

Mr. Ameka did not take physical possession of th…

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