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Samwel Odoyo Opany v. Fena Omondi Omolo the Legal Representative of Musa Omolo George

(2015) JELR 94965 (CA)

Court of Appeal  •  Civil Appeal 88 of 2012  •  19 Jun 2015  •  Kenya

Coram
David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of Sitati, J. delivered on 28th October, 2011 in Kisii HCC No. 56 of 2006 (OS) in which the learned Judge dismissed the appellant's suit with costs. This appeal is against that decision. .

2. Relying on the seven grounds in the appellant's memorandum of appeal which he argued together, Mr. G. S. Okoth, learned counsel for the appellant submitted that in his OS, the appellant did not seek to challenge the decision of the South Nyanza District Adjudication Objection Board (the Objection Board) or that of the Minister. All that the appellant sought was the interpretation of those decisions and thereafter declaration that, as the Objection Board found, which decision the Minister for Lands and Settlement (the Minister) confirmed, the appellant's father sold to the respondent only two acres of the land. He also submitted that the matter is not res judicata as no title deeds have been issued in the area. He therefore urged us to all…

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