JUDGMENT OF THE COURT
This appeal concerns the disputed ownership of the property known as Title No. Kilifi/Vipingo/1 (the suit property), measuring approximately 1.8 Hectares. At all material times the suit property was registered in the name of James Baya (deceased) under the repealed Registered Land Act. In these proceedings, the respondent, Jumwa James Baya who is the widow and administratrix, represents the estate of the deceased. The appellant, Abdalla Ali Abdalla stakes claim to the suit property contending that it is part of his property known as Title No. LT 37 Folio 112 File 3293 measuring 4.6862 acres and registered in his name under the repealed Land Title Act.
By a judgment dated 11th July 2014, Angote, J. held that there was no evidence to show that the suit property was part of the appellant’s property. Accordingly, the learned judge ordered the eviction of the appellant from the suit property and issued a permanent injunction restraining him from interfering with the sui…