JUDGMENT OF THE COURT
The dispute that has given rise to this appeal involves a land dispute between family members. By a plaint that was originally filed before the Resident Magistrate’s court at Kiambu way back in 1981, Kiminda Kirome, the appellant herein sued his father’s brother or uncle (if that is an appropriate description as in many African customs a father’s brother carries the title of a father). The person sued was Gichana Njuguna. The appellant sought an order that his uncle be evicted from land parcel no. Lari/ Kiranga/ 545. The defendant filed a defence denying that he was a trespasser on the suit land. He later filed an amended defence and counterclaim claiming that he was entitled to the suit land as of right.
The original defendant passed away in the course of the proceedings. He was substituted by his son Joseph Njuguna Gichanga, the respondent herein. It would seem that the suit was transferred to the High Court at Nairobi where it was heard and determined by the jud…