SAMSON GETANGITA NKWEGE, JULIUS RANGE NKWEGE & JOSEPH MWITA NKWEGE V. ANISON NYAHIRI MUHINDI

RULING OF THE COURT

The respondent in this notice of motion dated 3^rd December 2007 and filed on 6^th December 2007, Anison Nyahiri Muhindi, claims that he bought a parcel of land measuring seven acres or thereabout comprised in title No. BUKIRA/BWISABOKA/165 measuring in total 17.2 hectares from Nkwege Mwita Mongori (deceased) who was the father of all the applicants herein, Samson Getangita Nkwege, Julius Range Nkwege and Joseph Mwita Nkwege in the year 1966. That sale was by oral agreement. He paid Ksh.7,000/= as consideration and took possession of the same parcel of land in that year but the necessary legal transactions to confer title onto him did not take place. The vendor died soon thereafter. On 27^th February 2006, the respondent took out Originating Summons in the superior court against the three applicants herein in their capacity as administrators of the estate of the deceased.

The main issue the respondent wanted the superior court to determine was whether he could be regist…