SILVANUS WAMBIA RABURU V. HENRY OTIENDE ODEP & JOSEPH WASUNA ORAMBO

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court (Ali-Aroni, J.) dated 26^th November, 2010 whereby the learned Judge allowed the appeal lodged in that court by the respondents, Henry Otiende Odep and Joseph Wasuna Orambo against the decision of the Nyanza Provincial Appeals Committee (Appeals Committee) dated 17^th July, 2005 and adopted by the subordinate court – (Chief Magistrate's Court – Kisumu) in Land case No. 28 of 2008. The Appeals Committee had confirmed the decision of Kisumu Land Disputes Tribunal (Land Disputes Tribunal).

The appeal has reached this Court in this way. The appellant went before the Land Disputes Tribunal, claiming land parcel No. KISUMU/MARERA/1112 on the ground that the land was originally owned by his father but was later though unclear means and in circumstances which were not entirely honest, taken by the 1^st respondent who sold the same to the 2^nd respondent who is now the registered proprietor of the disputed land. The Kisumu L…