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Timina Ndavola Afundi v. Festus Afundi

(2015) JELR 93844 (CA)

Court of Appeal  •  Civil Appeal 8 of 2013  •  25 Sep 2015  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal is against the ruling of Chitembwe, J. dated 7th February, 2013 in Succession Cause No. 39 of 1997 (Kakamega) where the subject matter of the dispute was the mode of distribution of a parcel of land known as Kakamega/Lumakanda/147, hereinafter referred to as “the subject land,” which measurers 12 acres or thereabout.

The subject land has a chequered history. In 1960 the subject land was allocated by the Settlement Fund Trustee (SFT) to one Paul Rangwen, who was supposed to repay the purchase loan that was advanced to him by the SFT. The subject land changed hands severally, albeit unlawfully, and in 1968 one John Kamau, purporting to be the owner thereof, sold it to the respondent's father, hereinafter referred to as “the deceased”. All along the title to the subject land was held by SFT since the purchase loan had not been repaid.

The deceased died in 1986 and left the respondent, his first born, and his six brothers living on the subject land. After th…

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