PAUL LAGAT, FREDRICK GICIMU KURIA , SIMON KAMAU NG'ANG'A, PETER JUMA MWANDA, RICHARD WAFULA, JACKSON KOSKEI, FRANCIS MWARA, JOSEPH KIRWA CHUMO & DANIEL KIPLAGAT V. DAUGLAS NGUNCHIRI WAINCHUNGO

JUDGMENT OF THE COURT

[1] The Respondent, Dauglas Ngunchiri Wainchungo, sued the 1^st to 7^th appellants in the High Court at Kitale, seeking a declaration that Parcel of land No. LR 838/22, original no. 838/8/2 (herein the suit property) belongs to him and an order for the eviction of the 1^st to 7^th appellants, their agents or servants or anyone claiming from them. The respondent’s suit was based on the fact that he was the owner of the suit property, having purchased it from its previous owner, Hasham Lalji Properties Limited.

[2] The 1^st to 6^th appellants filed a joint defence, in which they denied that the suit property belonged to the respondent, and denied having trespassed onto the suit property. They maintained that the property belonged to the estate of the late David Ngelechei Chumo and Leah Chepkoech Chumo to whom they have continued to pay rent. The 7^th appellant never filed any defence and the respondent applied for judgment in default.

[3] By an application dated 1^st March, 2…