JUDGMENT OF THE COURT
The suit before the High Court Kisii, which has now snowballed into this appeal was filed by JOEL OTIOGO NYASINGA (the appellant) against KENNEDY ONYANGORE and MARY KEMUNTO MATAGARO (the 1st and 2nd respondents). The appellant’s claim was that he became the registered proprietor of Parcel Nos. NYARIBARI CHACHE/B/B/BOBURIA/5355, 5355 and 5356 which was from an original subdivision of Parcel No. Nyaribari Chache/B/B/Boburia/5085.
He contended that the respondents unlawfully entered his parcel of land and constructed structures therein, they even buried the body of the late Onyangore Obebo Miroro on his parcel of land against his protest and they have continued to commit further acts of trespass on his land. The appellant sought for an order of eviction and although he also prayed for an order directing that the remains of the body of the late Miroro be exhumed from the suit land, he abandoned that aspect of the grounds of appeal.
The 1st respondent filed a defence den…