NYANGATE GUTO ALIAS WATSON MOGERE MOGOKO V. MAXWELL OKEMWA MOGORO & ANOTHER

JUDGMENT OF THE COURT

1. The appellant, Nyangate Guto alias Watson Mogere Mogoko, was the plaintiff in HCCC No 2287 of 2007. He sued his son, Maxwell Okemwa Mogoro, the 1^st respondent herein and National Bank of Kenya Limited, the 2^nd respondent herein, alleging that the 1^st respondent had forged his signature and used fraudulent means to transfer the property known as LR No 209 Section 3 to himself. After a full hearing before Mbogholi Msagha, J, the suit was dismissed with costs to the respondents in a judgment dated the 8^th March, 2011.

2. The appellant was aggrieved with that decision and has now appealed against it. This is a first appeal, and the court bears an obligation to evaluate and consider all the evidence tendered before the trial court and make its own independent conclusion as was enunciated in Selle v Associated Motor Boat Company [1968] E.A. 123 at page 126, wherein the Court held that:

“... this Court must reconsider the evidence, evaluate it itself and draw its own co…