WILSON KENYENGA V. JOEL OMBWORI

IN THE COURT OF APPEAL

AT KISUMU

(Coram: Gicheru, Lakha and Owuor JJ A)

CIVIL APPEAL NO 96 OF 1998

WILSON KENYENGA .................. APPELLANT

VERSUS

JOEL OMBWORI .................... RESPONDENT

(Appeal from the Judgment of the High Court of Kenya at Kisii (Mbaluto, J) dated 27th October, 1995 in High Court

Civil Case No 201 of 1986)

JUDGMENT

This appeal concerns a piece of land known as Settlement Scheme/ Ekerubo/92, (the suit land) which is now registered in the name of Joel Ombwori (the plaintiff/respondent) but was at the time when litigation between him and Wilson Kenyenga (the defendant/appellant) commenced in 1986, the property of Ekerubo Farmers Co-operative Society Limited.

The respondent filed a suit by way of plaint in the superior court at Kisii claiming, inter alia, the following reliefs;

(a) possession of the said portion of land:

(b) a declaration that the defendant is not entitled to enter or use a portion of the plaintiff’s land;

(c) an injunction to restrain the defendant whether…