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Sheldon Shadora v. Stanley S. Shadora

(1996) JELR 94960 (CA)

Court of Appeal  •  Civil Appeal 210 of 1995  •  21 Mar 1996  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

The appellant Sheldon Shadora appeals to this court from the judgment and decree of the High Court at Kakamega (Tanui, J.) dated the 16th August, 1995. The appellant is locked in a dispute with his eldest brother Stanley Shadora, which is over two pieces of land known as Kakemega/Shikulu/1423 and Kakamega/Shikulu/509 both of which are and have always been registered in the name of the respondent. In respect of both pieces of land, the respondent's registration is a first one. The appellant's claim before the High Court was that these pieces of land were part of their family land, which the respondent had inherited from their late father Luka Mukhobi. According to the appellant, Luka had bought these pieces of land and several others. The others not in dispute had been left to their other two brothers while those in dispute had been left to the respondent who was Luka's first son, to share with the appellant who is the last son of Luka.

The respondent, for his part,…

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