SELINA MECCA WEKESA V. KENNEDY ELLAM (SUED AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF GEORGE ELLAM WEKESA (DECEASED), PROTUS MAKENZI, JARED WANJALA MMASABA, SHIKANGA BENJAMIN WAMBUYA & ATTORNEY GENERAL (SUED ON BEHALF OF THE LAND REGISTRAR BUNGOMA DISTRICT)

JUDGMENT OF J. MOHAMMED, JA

BACKGROUND

1. This is a first appeal from the decision of the High Court (Omollo J) dated 6th June, 2014 dismissing the suit filed by Selina Mecca Wekesa (the appellant) who had sought a declaration that the subdivision of L.R No. NDIVISI/MUCHI/1086 (the suit property) into L.R Nos NDIVISI/MUCHI/6454, 6455, 6456, 6457, 6458, 6459, 6460, 6461, 6462 and 6463 and their subsequent transfers to Kennedy Ellam Wekesa (sued as the personal representative of the Estate of George Ellam Wekesa (the 1st respondent), Protus Makenzi (the 2nd respondent), Jared Wanjala MMasaba (the 3rd respondent), Shikanga Benjamin Wambuya (the 4th respondent) and the Attorney General (sued on behalf of the Land Registrar, Bungoma District) (the 5th respondent) is null and void; nullification or cancellation of the subdivision of the suit property into NDIVISI/MUCHI/6454, 6455, 6456, 6457, 6458, 6459, 6460, 6461, 6462 and 6463 and the subsequent transfers plus title deeds thereto and resto…