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Jemimah Caleb Atieno v. Mary Anga'wa & Charles Anga'wa

(2019) JELR 101015 (CA)

Court of Appeal  •  Civil Appeal 3 of 2013  •  19 Jul 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, James Otieno Odek, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The dispute which escalated to the appeal before us relates to the competing claims of proprietorship and/or interest over land parcel North Gem/Marenyo/1021 (suit property) by the parties. Following the adjudication and consolidation process, Isaac Oyunga (Mzee Oyunga) was registered as the first title holder of the suit property on 28th November, 1967. Of relevance is that during Mzee Oyunga’s lifetime, he transferred the same to Dr. James Ang’awa, his eldest son, on 16th January, 1970. As to the capacity in which the suit property was transferred and held by Dr. James is a point in contention between the parties.

2. Mzee Oyunga was polygamous and had two wives to wit, Deborah Oyunga (first house) and Jedidah Oyunga (second house) both of who were blessed with children. In point of fact, the disagreement over the suit property originated from the first house. More specifically, between the eldest son, Dr. James and the youngest, Caleb Otieno, which trickled do…

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