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Sapientia Khasatshi Shibachi for and on behalf of the estate of Andrew Shibachi Ikhunyalo v. Boaz Ashiono Shisanya

(2015) JELR 93798 (CA)

Court of Appeal  •  Civil Appeal 34 of 2014  •  5 Mar 2015  •  Kenya

Coram
David Kenani Maraga, Wanjiru Karanja, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

1. In 1978, Andrew Shibachi Ikhunyalo (the deceased) bought all that piece of land situate in Ikolomani Division and known as Title No. Idakho/Shiseso/955 (the suit land) from Simeon Ashiono Musindi (Simeon) for Kes.8,500/=. It would appear that at that time there was a dispute over the ownership of that land between Simeon and Boaz Ashiono Shisanya (Boaz). The latter claimed entitlement to a half of the suit land.

2. On a date which is not clear from the record, Boaz lodged a dispute before Ikolomani Land Disputes Tribunal (the Tribunal) claiming his alleged half share of the suit land. After hearing that dispute, the Tribunal granted his claim and directed that the suit land be shared equally between Boaz and Simeon. Aggrieved by that decision, the deceased, who as we have stated had claimed to have bought the whole of the suit land from Simeon, apparently complained to the District Officer Ikolomani who on 26th August 1999 wrote to the Senior Resident Magistrateā€¦

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