IN THE COURT OF APPEAL
AT NAIROBI
(Coram:Law, Miller and Potter JJA)
CIVIL APPEAL NO 37 OF 1981
Between
KINGATA KITHOI ....................................APPELLANT
RICHARD KIMATU ...................................APPELLANT
AND
MBEVI KIOKO.......................................RESPONDENT
MAKAVA MUSYOKA.............................RESPONDENT
JUDGMENT
Law JA The respondents in this appeal were the plaintiffs in Civil Suit No L 44 of 1977 in the District Court at Uaani in Machakos District. The appellants were the defendants. The respondents claimed that the appellants had encroached on part of their land. The magistrate heard a number of witnesses and visited the disputed land. He satisfied himself that there had been no encroachment; that the boundaries between the land of the respondents and the appellants were established and marked by sisal hedges and that the respondents’ claim was without merit. He gave judgment for the appellants.
The respondents appealed to the Resident Magistrate at Macha…