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Jacob Wekesa Bokoko Balongo v. Kincho Olokio Adeya & Bernard Enyonyi Adeya

(2020) JELR 98298 (CA)

Court of Appeal  •  Civil Appeal 89 of 2016  •  31 Jan 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This is a second appeal arising from the judgment and decree of the High Court of Kenya at Busia, (S. M. Kibunja, J.) delivered on 6th October, 2014 dismissing the appellant’s 1st appeal with costs. The 1st appeal was against the judgment and decree of the Senior Principal Magistrate’s Court at Busia (Keago, SRM) in Busia SRMCC No. 40 of 2010.

The appellant, Jacob Wekesa Bokoko Balongo filed a suit against the respondents in the Senior Principal Magistrate’s Court aforesaid claiming ownership of land parcel Bukhayo/Kisoko/2281 “the suit land” on account of having purchased it from one, Patrick Kwoba Adeya “Patrick”, a brother to Kincho Olokio Adeya and Bernard Enyonyi Adeya “the respondents”. Having purchased the suit land, the appellant proceeded and had the same transferred and registered in his name. Following this, Patrick moved out of the suit land to settle elsewhere but left the respondents in situ. Despite demand by the appellant for the respondents to move…

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