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Peter Siriria v. Raphael Kibusi

(2019) JELR 95260 (CA)

Court of Appeal  •  Civil Appeal 42 of 2017  •  17 Oct 2019  •  Kenya

Coram
Philip Nyamu Waki, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] Peter Siriria who is the appellant herein was the 2nd defendant in a suit that was filed by Raphael Kibusi (now the respondent) in the Land and Environment Court (ELC) at Kitale. The 1st defendant in the suit was Maua Naibei Siriria who died during the pendency of the suit. As a result, the suit against her was withdrawn. The respondent had filed the suit as the registered owner of a land parcel known as Saboti/Saboti Block 6/Sukwo 151 (herein suit property), by virtue of a title deed dated 10th December, 1998.

[2] In his plaint, the respondent averred that the appellant had trespassed onto the suit property, and erected structures on it, in complete disregard to the respondent’s right as the registered owner. The respondent averred that he acquired the property through shares purchased from a company called Sukwo Farmers Company Limited (The Company).

[3] The appellant filed a defence in which he denied trespassing on the suit property. He admitted that the res…

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