JUDGMENT OF THE COURT
This appeal arises from the ownership dispute over a 7 acres portion (the suit land) of the piece of land situate in Buikira area of Migori County known as Title No. Buikira/Bwisaboka/165 (Parcel No. 165). It is registered in the name of the late Nkwenge Mwita Mongori (the deceased) who was the father of the respondents. The appellant claimed that in 1966, he purchased the suit land from the deceased for Kshs.7,000/= and has since been living on it. In 1984, he bought the adjoining piece of land known as Title No. Buikira/Bwisaboka/177 (Parcel No. 177) from Anne Wanyuru Kiambutha.
According to the appellant, the deceased died in 1968. In 2005, the respondents destroyed the common sisal boundary between the two parcels of land and invaded the suit land. That provoked him to take out a citation which prompted the respondents to apply for letters of administration in respect of the deceased’s estate.
In 2010, the appellant filed an originating summons in the High Court…