PAMBA ONG'WENO AMILA V. JOHN JUMA KUTOLO

JUDGMENT OF THE COURT

The appellant, Pamba Ong’weno Amila, sued the respondent John Juma Kutolo in Busia Principal Magistrate’s Court seeking three main reliefs: - rectification of the register in respect of Land parcel number Samia/Luanda-Mudoma/1537 (hereinafter “the suit land”) by deleting the names of the respondent and inserting those of the appellant; eviction of the appellant from the suit land and a permanent injunction restraining the appellant from using the same land. The case was heard by the Principal Magistrate at Busia who made the following order:

“I find that the plaintiff has failed to prove his case against the defendant on a balance of probabilities. The same is hereby dismissed with costs to the defendant.”

The appellant was aggrieved by the dismissal of his case and therefore appealed before the High Court at Busia. The appeal was heard by Kimaru, J. who found that all the grounds of appeal put forward by the appellant lacked merit and dismissed the appeal with cost…