ZAKAYO MATHEKA MUTISYA SUBSTITUTED FOR DAVID MUTISYA MUMO(DECEASED) V. ESTHER MBAIKA

JUDGMENT OF THE COURT

This is an appeal against the judgment and decree of the High Court of Kenya at Machakos (Angote J.), dated and delivered on 27^th January, 2017, where the learned Judge found in favour of the respondent herein and dismissed the appellant’s case which sought a declaration that parcel of land known as Mavoko Township/Block 2/112 and Township/Block 2/8 are his properties.

The original appellant, David Mutisya Mumo (now deceased but substituted by his son Zakayo Matheka Mutisya) filed a claim in the Environment and Land Court vide an amended Plaint dated 18^th February, 1999 against his daughter-in-law, Esther Mbaika, the respondent herein. The dispute revolved around 70 acres of land known as Mavoko Township/Block 2/112 and Mavoko Township/Block 2/8 (the suit properties). According to the appellant, in 1986, Mitaboni Katani Company Limited carried out a plot allotment exercise by ballot.

Being a shareholder, David Mutisya (the deceased) requested the respondent to repre…