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JALUO MANDIRA
V.
JUMA KWALANDA JOSEPH

(1995) JELR 97779 (CA)

Court of Appeal 23 Nov 1995 Kenya
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Case Details

Suit Number:Civil Appeal 131 of 1995
Judges:Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha, Richard Otieno Kwach
Location:Kisumu
Other Citations:Jaluo Mandira v. Juma Kwalanda Joseph [1995] eKLR

JUDGMENT

By his plaint the respondent (plaintiff) sought a declaration that the appellant (defendant) holds half of land parcel South Kabras/Chemuche/7 in trust for him and wanted the superior court to order the appellant to execute the necessary documents to effect transfer of the said portion in his favour.

The appellant is a step brother of the respondent being the sons of one mother but different fathers. The appellant is the son of one Mandira Memeti who died when the appellant was only one year old. The said Mundira Memeti was a brother to Kwalanda Muchina who on the death of his brother inherited the mother of the appellant and the respondent was begotten out of that relationship. In 1957 the appellant instituted a suit in the divisional Court at Lurambi (Case No 366 of 1957) seeking land from Kwalanda Muchina. That Court in its decision gave the appellant a portion of land and directed that he occupy it with his step brother, the respondent. The Court, further, delineated the po…

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