JUDGMENT OF THE COURT
1. This land dispute has had a chequered history since its debut in the courts 20 years ago in March 1995. The original plaintiff, Samson Okun Orinda (Samson) who gave his testimony in the suit in 2006 has since died in the year 2010 and was replaced by his son Billey Oluoch Okun Orinda (Billey), who is now the appellant before us. Samson had testified that he and his wife were attacked on the disputed land by armed robbers who killed his wife and critically injured him in 1997. The immediate suspects for that dastardly attack were the three respondents before us : Ayub, Fredrick and Japhet( the respondents), who are brothers and they were arrested, tried but acquitted of the crime. Several Judges of the High Court have handled the case in turns until it was finalized by Kasango J. in her judgment delivered on 30th October 2009. All those intervening events may explain the delay in concluding the matter.
2. The dispute relates to a parcel of land known as NTIMA/IGO…