IN THE COURT OF APPEAL FOR EAST AFRICA
AT NAIROBI
( Coram: Wambuzi P, Law V-P and Mustafa JA )
CIVIL APPEAL NO. 29 OF 1976
BETWEEN
NDETO KIMOMO..........................................................APPELLANT
AND
KAVOI MUSOMBA...................................................RESPONDENT
JUDGMENT
Law V-P This appeal concerns a small plot grazing land, consisting, we were informed, of a mere three or four acres. The appellant (to whom I shall refer as “the plaintiff”) filed a “home-made” plaint in the District Magistrate’s Court at Kangundo, in which the cause of action was described as follows: “I want the Court to demarcate our land. Which was occupied by my father”. No defence was filed. When the suit was called on for hearing, on the 18th June 1970, the two defendants were present. The plaint was read out and explained to them and they orally stated their defence as follows: “We do not admit the claim, there is already an old boundary.” Evidence was called on both sides, which made it clea…