ODHIAMBO OWUOR, DEDE OWUOR, DANDA OWUOR, DORSILA AJWOGA, LUKA AGUMBI OKODO, ANDITI OJWANG', JOSHUA ADA, ODINDO ORWA & OKUMU OKODO V. JACTON OSINO OYOO

JUDGMENT OF THE COURT

According to James Agot (D.W.5.) who testified for the appellants in the superior court, he and the respondent are from the same clan and both had a common ancestry with the appellants at the level of the third generation backwards.

Before 1901, their common ancestors lived on and around the piece of land now known as North Sakwa/Maranda/7, the suit land. During this year , they migrated from this area owing to an epidemic of sleeping sickness. The area remained unoccupied until 1955 – 54 years later – when D.W.5 and the respondent arrived at the area. It was forested and still unoccupied. The two settled on their respective portions of land in this area and in 1959 the respondent prepared a farm plan and accordingly informed Government Agricultural Officers. The latter prepared the requisite notice in this regard and the same was read on three different occasions in the Locational Chief’s Barazas the object of which being to ask the people of the local area whethe…