PHILEMON L. WAMBIA V. GAITANO LUSITSA MUKOFU, ATTORNEY GENERAL & SETTLEMENT FUND TRUSTEES

JUDGMENT OF THE COURT

1. By a Plaint dated 18^th October 2007, the 1^st respondent filed suit against the appellant seeking an order to evict him from Land Parcel No. Trans Nzoia/Maridadi/395 (hereinafter referred to as ‘the suit property’).

2. The 1^st respondent averred that at all material times, he was the registered proprietor of the suit property with a title deed in his name issued on 18^th October 1996. It was averred that the appellant without any colour of right or justification trespassed onto the suit property and unlawfully constructed some structures thereon.

3. By a Statement of Defence and Counterclaim dated 3^rd December 2007, the appellant denied trespassing onto the suit property. He averred that he was the lawful owner of the suit property having been allotted the same by the Settlement Fund Trustees (3^rd respondent) on 2^nd January 1984. That upon allotment, he took immediate possession of the suit property in 1984. The appellant averred that he has been in continuous poss…