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DISMAS WAFULA & ORS
V.
DISHON MUDEMBEI & 3 ORS

(2015) JELR 97894 (CA)

Court of Appeal 25 Sep 2015 Kenya
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Case Details

Suit Number:Civil Appeal 81 of 2011
Judges:David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Dismas Wafula & 13 others v. Dishon Mudembei & 3 others [2015] eKLR

JUDGMENT OF THE COURT

This appeal involves a dispute over a parcel of land known as Land reference No. Kakamega/Soy 113 (the suit property) in Soy Settlement Scheme which the respondents claim at all material times belonged to their father, Sabatia Musiyani Asambwa, (Sabatia) the 1st defendant, while the appellants claim that at all times it belonged to the respondents’ grandfather, Musiani Asambwa (Musiani). The reasons for this will become apparent later.

By an Amended Plaint dated 28th May 200, Dishon Mudembei Sabatia, the 1st respondent, Reuben S. Mudembei, the 2nd respondent John Asamba, the 3rd respondent and Leah Sabatia, the 4th respondent in the present Appeal, filed a suit in the High Court at Kakamega (HCCC No. 245 of 1990) against Sabatia and 17 Others, seeking, among other orders;

Cancellation of the defendants' various title deeds resulting from subdivision of the suit property known as Plot number 113, Soy Settlement Scheme.

An Injunction restraining the defendants from de…

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