JOHANA NYOKWOYO BUTI
V.
WALTER RASUGU OMARIBA (SUING THROUGH HIS ATTORNEY BEUTAH ONSOMU RASUGU) & 2 OTHERS

JUDGMENT OF THE COURT

This is an appeal from the ruling of the superior court (Kaburu Bauni, J.) dated 6^th June, 2006 dismissing a preliminary objection raised against Kisii High Court civil Suit No. 15 of 2006 filed on 1^st February, 2006.

In that suit, Daniel Walter Rasugu Omariba (1^st respondent) through his Attorney Beautah Onsomu Rasugu sued Johana Nyokwoyo Buti (Buti) the appellant herein; Joseph Ondimu Oendo (Ondimu), (2^nd respondent) and the Attorney General (3^rd respondent), in respect of land parcel No. Kitaru Settlement Scheme/55 measuring 1.36 Hectares (suit land). He averred in the plaint, inter alia, that he purchased the suit land from James Ondwoke Nyokwoyo for Shs.856,220/=; that he was the registered owner of the land; that without his knowledge, Buti commenced proceedings relating to the suit land against Ondimu before Borabu Land Disputes Tribunal and Nyamira Senior Resident Magistrate’s Court; that the two tribunals held that the 1^st respondent’s title to the suit la…