ISAYA MOGONCHI MOGONCHI V. SAMWEL ONDARI MOGONCHI

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of the superior court (Waweru, J) wherein the appellant’s claim to half share of land title No. Majoge/Bosoti/1143 was dismissed with costs.

The appellant is the elder brother of the respondent. Their father, Isaya Mogonchi, died before land adjudication. Their mother, Trafena Bina Mogonchi died in or about December, 1990. The suit land which measures about 11 acres was registered in the name of the respondent after land adjudication on 22/5/1969. The appellant owns land title No. Majoge/Bosoti/1213 measuring approximately 7 acres, which was registered in his name on the same day, that is on 22/5/1969.

The appellant’s case in the superior court was that the land in dispute was an ancestral land and that the respondent was registered to hold the land on his own behalf and in trust for the appellant. He claimed that he bought the land on which he resides, title No. Majoge/Bosoti/1213 in 1963 from one Mokua Simba for 12 he…