JUDGMENT OF THE COURT
The subject matter herein is known as Bukhayo/Kisoko/740 “the suit property” which was first registered on 21st May, 1971 in the name of Mudakhi Munene Ndege, deceased, who died in 1984.
The deceased also owned Bukhayo/Kisoko/737. At the time of his death, he was survived by three wives namely; Wilimina Mudakhi, Philister Nyongesa and Teresa Nyangweso Mudakhi. The issues of the 1st house are; the 1st respondent, Julius Mudakhi Murere, Daniel Mudakhi and John Masinde; the issue of the 2nd house is the 2nd respondent and the issues of the 3rd house are, Lexitina Anyango, Beatrice Auma and Everlyn Nabwire and Peter Sikuku, who was deceased and survived by the 3rd and 4th respondents.
It was adduced that prior to his death, the Mudakhi Munene Ndege bequeathed parcel number Bukhayo/Kisoko/737 to the 1st house while the suit property was to be shared between the 2nd and 3rd house. Unfortunately, the 1st wife Teresia Nyangweso sold part of the suit property to the appellan…