PHILIP OCHILO ORERO V. AMBROSE SEKO

JUDGMENT

On January 2, 1980 the appellant as plaintiff filed a suit against the respondent as defendant seeking an eviction order against the defendant. The appellant claimed that the respondent had wrongfully occupied his parcel of land and enclosed it. The trial magistrate viewed the disputed parcel of land on June 14, 1980 in the presence of the appellant and the respondent and noticed three narrow strips of land on which maize was then growing and which were said to belong respectively to Soake Omolo, Chacha Orero and Olal Orero. The trial magistrate decided without hearing the appellant and the original defendant and the three persons that as the cultivation by the three persons was adverse to the interests of the original defendant, the three had to be joined as defendants. In the course of the hearing it became clear that the trial magistrate had earlier on heard the suit in Case No 13/71 of Suba Kuria African Court whose parties were the elder brother of the respondent and the …