RULING OF THE COURT
1. On 4th March, 2016, this Court delivered a judgment in Civil Appeal No. 20 of 2014 where the appellant’s appeal against the respondents was dismissed. In the High Court case that gave rise to the appeal, the respondents had sought re-survey of a sub-division of a parcel of land that had been sold to the appellant by the late Kemoni Osemo, the deceased husband of the first respondent, claiming that the appellant had encroached onto their land.
2. The trial court found for the respondents and ordered a re-survey of the suit land known as Matutu Settlement Scheme/215. The respondents’ parcel of land, which is adjacent to the suit land, is known as Matutu Settlement Scheme/214. This Court upheld the High Court judgment.
3. The re-survey established that the appellant’s land ought to have been 4 acres whereas the respondents’ land ought to have been 15.5 acres. The appellant was, however, occupying a bigger parcel of land measuring 8.5 acres instead of 4 acres.
4. Aggrie…