JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court (Wambilyangah, J.) delivered on 16th October, 2002 in which the learned Judge made a finding that the appellant herein, Henry Ogongo Mageto, was registered as proprietor of the suit land as a trustee for himself and his two brothers.
The dispute herein concerns three brothers and in order to appreciate the nature of the dispute, we are constrained to go back to the plaint filed in the High Court Civil Suit No. 220 of 1998 at Kisii in which Nyamiobo Ogongo, the respondent herein, was the plaintiff and Henry Ogongo Mageto the defendant. Since the plaint filed in the superior court captures the nature of the dispute, we reproduce the salient paragraphs of the same which stated:-
“3. The plaintiff swears that the defendant is the eldest brother and their family they are three brothers only and the other one who is the plaintiff’s follower is called MOSES IMBUNIE MAGETO.
4. The plaintiff avers that their mother was…