WAKHUNGU V. WEKESA

JUDGMENT

This is an appeal by the defendant in the action against a judgment of Gicheru, J which he gave on November 26, 1984. By that judgment, the learned judge found for the plaintiff and granted inter alia an order that the plot no 162 at Ndalu Settlement Scheme, being family land shall be subject to succession proceedings under the Law of Succession Act (cap 160).

The history of the matter goes back for some years. The plaintiff, a school teacher and an uncle of the defendant, has lived on the material parcel of land since 1966 during which time he has fenced the land, put up houses, a diary and other buildings used as store, planted fruit trees and sugar can and has always kept cattle on the land. The plaintiff claims that the land belongs to his late father Chilikona Welemusaya – also known as Levi, Natembea, Sikunyiri, who was allotted the plot of land in 1965. According to the plaintiff, the defendant whose names are Henry Chilokona the son of Tandeyo Wakhungu was born in 1956 …