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Wensley Barasa v. Immaculate Awino Abongo

(2017) JELR 94674 (CA)

Court of Appeal  •  Civil Appeal 115 of 2015  •  28 Sep 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

Wensley Barasa (Barasa), the appellant, is aggrieved by the decision of the High Court, which ordered his eviction from land parcel No. E. Bukusu/S. Kanduyi/5778 (the suit property), following a suit filed by Immaculate Awino Abongo, (Immaculate), the respondent, seeking his eviction.

It was Immaculate’s case that she had purchased the suit property from Aggrey Maurice Nandwa, (Aggrey) PW2, in 1993 for a sum of Kshs. 550,000, and thereafter obtained title to the suit property. Immediately after purchasing the land, she had gone onto the land, and found that a semi-permanent house, and a toilet had been constructed upon it. She came to later learn that the structures belonged to Barasa.

Aggrey, who had sold the suit property to Immaculate testified that the suit property was a portion of Land Parcel No. Bukusu/S. Kanduyi/4766 and initially belonged to Simiyu Khwatenge (deceased); that he had bought the land from Evans Masika who had died in 1993, through his brother,…

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