JUDGMENT OF THE COURT
This is an appeal from the judgment and decree of the superior court (Wambilyangah J) dated 15th October, 2002 wherein the superior court awarded land title No. Bukira/Bwisaboka/729 comprising of 4.6 Hectares (suit land) to the respondent and in addition ordered the appellants to transfer the suit land to the respondent. The first appellant John Gitiba Buruna is the husband of the second appellant, Agnes Nyambare Gitiba. The suit land was at the material time registered in the name of the second appellant, Agnes.
The respondent is a step brother to the first appellant, Gitiba. Their father Buruna who died in about 1977 had two wives. The first wife, Robi, had four sons including the first appellant. The second wife, Gati, had five sons including the respondent. It was common ground at the trial that Buruna’s land, after land adjudication, was registered as follows:-
FIRST HOUSE:
1. Makorere Buruna - Land Title No. Bukira/Bwisaboka
/499 – 6.4 Hectares.
2. Gitiba Buruna …