JUDGMENT OF THE COURT
By the plaint dated 20th December, 1994 the respondent (Plaintiff) instituted suit against the appellants (defendants) for annexing a portion of his land and causing it to be incorporated and registered as part of the appellants’ land parcels numbers SUNA EAST/WASWETA/9532 and 9533. The respondent sought, amongst others, orders for a declaration that the appellants jointly and severally hold 4.5 acres of the said parcels of land in trust for him and an injuction to restrain the appellants from entering or using the said parcels of land. In their written statement of defence the appellants traversed all the allegations contained in the plaint.
On 12th April, 1995 the parties by concent referred the dispute to the District Surveyor, Migori, to visit the disputed parcels of land and establish where the boundary lay before the head title was sub-divided giving rise to the suit lands. The award was duly filed and read out to the parties by the learned judge (Mbaluto, J)…