JUDGEMENT OF THE COURT
This is an appeal from the Judgment of Ali-Aroni, J, delivered on 18th February, 2011 in Kisumu High Court Civil Appeal No. 5 of 2008 which was itself an appeal from the decision of the Provincial Land Dispute Appeals Committee in Provincial Land Disputes Tribunal Case No. 23 of 2003.
The brief history of the matter is that the respondents, Esther Atieno Osuru and her son Martin Mboya Osuru lodged a land dispute against the appellant, Fredrick Juma Osuru, in Kisumu District Land Dispute Tribunal Case No. 2 of 2001. That dispute was decided by the Tribunal in favour of the respondents and an appeal to the Provincial Committee failed meaning that the award of the Tribunal stood. That award was adopted as a judgement of the Court in Kisumu Chief Magistrate Civil Case No. 23 of 2003. The matter reached the High Court as an appeal and as we have stated the learned judge dismissed the appeal holding it incompetent for being statutorily time barred. That decision led to …