JEPHTHER O. OPANDE V. MARY ATEMO GATHIRIGA

JUDGMENT OF J. MOHAMMED, JA.

Background

[1] The respondent, Mary Atemo Gachiriga, sued Jephther O. Opande the appellant at the Environment and Land Court seeking an eviction order out of the subject land parcel known as Waitaluk/Kapkoi Sisal Block 1/Kibormos 177 (the suit property). The respondent’s suit was based on the fact that she was the owner of the suit property, having purchased it from its previous owner, Saidi Kipkalum Mohamed vide a sale agreement dated 8^th August, 2005 for a consideration of Kshs. 780,000/=

[2] The appellant filed a statement of defence, in which he denied that the suit property belonged to the respondent, and denied having trespassed onto the suit property. He maintained that the suit property belonged to him having bought the same. He added that he registered a caution on parcel No. Watailuk/Kapkoi Sisal Block 1/Kibormos/20 which upon subdivision resulted to Waitaluk/Kapkoi Sisal Block 1/90, 171, 172, 173, 178, 179, 180, 181 and 182.

The appellant complained…