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Stephen Onyango Oloo v. Nelson Makokha Kaburu,Silvester Opiyo,Charles Owino,Timothy Onyango & Gilbert Okello

(2015) JELR 96360 (CA)

Court of Appeal  •  Civil Appeal 83 of 2014  •  17 Nov 2015  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

This appeal concerns a boundary dispute where, the appellant, Stephen Onyango Oloo (Stephen) seeks orders for the setting aside of a decision of the High Court which found that he had interfered with the boundaries between the appellant’s Land Parcel No. Samia/Bukangala ‘B’/59, (“parcel 59”) and the respondents’ Land Parcel No. Samia/Bukangala ‘B’/ 62 (“parcel “62) and Land Parcel No. Samia/Bukangala ‘B’/ 63 (“parcel 63”).

The origins of the dispute dates back to 1965 when parcel 59 belonging to the appellant’s father, Thomas Oloo Osolo, was allegedly unlawfully invaded by his neighbours, William Kaburu and Onyango Achola. Following determination of the dispute by the Funyula African Court in Land case No. 31 0f 1965, the land was returned to Thomas Oloo, and William Kaburu was evicted from the land in question. William Kaburu appealed to the Bungoma African Appeal Court in Appeal No. 68 of 1965, but the appeal was dismissed.

In 1971, land adjudication was carried o…

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