KIGEN KANDAGOR V. ROTICH KANDAGOR

JUDGMENT

Briefly the facts are that sometime before 8th February, 1985, a complaint was laid before the District Officer, Kabarnet, by the respondent which claimed that the appellant had trespassed into 3 acres of the adjoining respondent’s land in Sacho/Kabarak/293 comprising of 18.4 hectares. This was done in 1968 during the process of surveying which had followed the land adjudication done in 1967. The said 3 acres were thus absorbed into the 7 hectares of the appellant’s land being Sacho/Kabarak/392. The respondent wanted a rectification in order to get his 3 acres of land back. The complaint was initiated purportedly under section 9A (1) of the Magistrates’ Courts Act (cap 10). The panel of elders duly met and visited the disputed land on 8th February, 1985 and commenced the hearing of the complaint and recording evidence of witnesses on 7th March, 1985, under the chairmanship of the District Officer. After concluding the hearing the panel gave its judgment to the effect that the …