JUDGMENT OF THE COURT
In the original plaint filed at the High Court of Kenya at Kisii on 20th July, 2009, the plaintiff was Naftali Machani Amosi who sued the defendant Mogere Amosi Ombui. The plaintiff died in the course of the proceedings before the High Court and was replaced by his widow Florence Nyamboke Machani, the appellant in this appeal. In the final version of the amended plaint Simon Tengeri Mogere and Nelson Omwenga Nyakundi were added as defendants. It was averred that the plaintiff became a member of Kineni Farmers Co-operative Society Limited in or about 1965, a company established for purposes of acquiring land which was to be allocated to members. That company duly acquired land and the plaintiff was allocated about 99 acres which was eventually registered in or about 2001 as parcel number Isoge/Kineni/Block 1/70 (the suit land).
It was further alleged that in 1974 the original plaintiff invited his brother Mogere Amosi Ombui to reside on the parcel of land and to us…