JUDGMENT OF THE COURT
This is an appeal from the ruling of the superior court (Kaburu Bauni, J.) dated 6th June, 2006 dismissing a preliminary objection raised against Kisii High Court civil Suit No. 15 of 2006 filed on 1st February, 2006.
In that suit, Daniel Walter Rasugu Omariba (1st respondent) through his Attorney Beautah Onsomu Rasugu sued Johana Nyokwoyo Buti (Buti) the appellant herein; Joseph Ondimu Oendo (Ondimu), (2nd respondent) and the Attorney General (3rd 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 1st respondent’s title to the suit la…