IN THE COURT OF APPEAL
AT KISUMU
(Coram: Kneller, Hancox and Nyarangi, JJ.A.)
CIVIL APPEAL NO. 93 OF 1985
BETWEEN
1. JOHN ONYANGO
2. JAVAN O. BULEMI.........................................................APPELLANTS
AND
SAMSON LUWAYI...........................................................RESPONDENT
(Appeal from a judgment/order of the High Court of Kenya at Kakamega (Aganyanya , J.) dated 29th day of May,
1985
in
Civil Appeal No. 22 of 1985)
* ******
JUDGMENT OF NYARANGI J.A.
A little more than three years ago the respondent Samson Luwayi, as plaintiff sued the first appellant, John Onyango, claiming that in the year 1978 without any colour of right and without the consent and/or permission and/or approval of the plaintiff, he John Onyango entered and took possession of a parcel of land, of which he was and still is the registered owner, known as Tiriki/Hamisi “A”/635 measuring approximately two and a half acres. The respondent prayed for the eviction of John Onyango from the material parcel of …