JUDGMENT OF THE COURT
Elijah Nyawiri, the appellant was the plaintiff in Civil Case No. 139 of 1997 at the Senior Resident Magistrate’s Court at Maseno. The dispute related to the ownership of Plot No. 3 at Rabuor Market in Yala Division of Siaya District between the appellant and Jackton Oyungu and Joseph Alinyo Ochuo, the respondents. In a homemade plaint dated 27th August, 1996 and filed in court, the appellant averred that he was the rightful and registered proprietor of the said property which was then occupied by the 2nd respondent. He prayed for an order to compel the 1st respondent to surrender that plot to him. The respondents filed a joint defence denying that the appellant owned the said property as his and averred that the property was owned by the 1st respondent who had sold it to the 2nd respondent and that a transfer had been effected and confirmed by Siaya County Council in 1995.
The Principal Magistrate at Maseno (T. M. Miseda, deceased) heard the testimony of witnesses…