WILSON GIKUNJU MUCIIMI V. GITHINJI MUCIIMI

JUDGMENT OF THE COURT

This is an appeal from the decision of Mitey J. given on 8^th October, 2002 by which the learned Judge set aside a judgment of the Resident Magistrate at Kerugoya and consequently dismissed the suit which the appellant had instituted against the respondent in that court.

The appellant, Wilson Gikunju Muciimi, is the younger brother of the respondent, Githinji Muciimi. They are both the sons of Muciimi Mbote who during demarcation of land in 1958 was possessed of several parcels of land.

The basis of the appellant’s claim was that their father during his lifetime gave each son a parcel of land. The appellant was given parcel number Kabare/Nyangati/537 while the respondent was given parcel number Kabare/Nyangati/485. Later, their father sub-divided another parcel of land which he owned into two portions. This was parcel number Kabare/Nyangati/467. The sub-division yielded parcels numbers Kabare/Nyangati/882 and Kabare/Nyangati/883. He allotted parcel number Kabare/Nyan…