JUDGMENT OF THE COURT
The dispute giving rise to this appeal has had a chequered history. It started before 1972 and pitied members of the same family against each other. The last person to handle the matter before it came to this Court was Makhandia, J. (as he then was) in Kisii HCCC No. 102 of 2003 (OS).
In his decision in that case, the learned Judge restored the original subdivision of the piece of land known as Title No. Kanyamwa/Kabonyo -Kwandiku/475 (the suit land) into three portions, that is the suit land itself (hereinafter referred to as parcel No. 475), Title No. Kanyamwa/Kabonyo-Kwandiku/1940(Parcel No.1940) and Title No.Kanyamwa/Kabonyo-Kwandiku/1941 (Parcel No. 1941) and awarded Parcel No. 475 to the appellant and Parcel Nos. 1940 and 1941 to the 1st and 2nd respondents respectively.
A brief statement of the facts of the case is as follows. The members of the three Group Ranches which are the combatants in this appeal are great grandchildren of one Owanga Lando (the deceas…