Customer Support

JEMIMAH CALEB ATIENO
V.
MARY ANGA'WA & ANOTHER

(2019) JELR 101015 (CA)

Court of Appeal 19 Jul 2019 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 3 of 2013
Judges:Alnashir Ramazanali Magan Visram JA James Otieno Odek JA Stephen Gatembu Kairu JA
Location:Kisumu
Other Citations:Jemimah Caleb Atieno v. Mary Anga'wa & another [2019] eKLR

JUDGMENT OF THE COURT

1. The dispute which escalated to the appeal before us relates to the competing claims of proprietorship and/or interest over land parcel North Gem/Marenyo/1021 (suit property) by the parties. Following the adjudication and consolidation process, Isaac Oyunga (Mzee Oyunga) was registered as the first title holder of the suit property on 28th November, 1967. Of relevance is that during Mzee Oyunga’s lifetime, he transferred the same to Dr. James Ang’awa, his eldest son, on 16th January, 1970. As to the capacity in which the suit property was transferred and held by Dr. James is a point in contention between the parties.

2. Mzee Oyunga was polygamous and had two wives to wit, Deborah Oyunga (first house) and Jedidah Oyunga (second house) both of who were blessed with children. In point of fact, the disagreement over the suit property originated from the first house. More specifically, between the eldest son, Dr. James and the youngest, Caleb Otieno, which trickled do…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.