IN THE COURT OF APPEAL
AT KISUMU
(CORAM: GITHINJI, OKWENGU and J. MOHAMMED, JJ.A)
CIVIL APPEAL NO. 151 OF 2012
BETWEEN
JOSHUA NYAMACHE OMASIRE...........................................................APPELLANT
AND
CHARLES KINANGA MAENA...........................................................RESPONDENT
(An appeal against the Judgment and Decree of the High Court of Kenya
at Kisii (D. Musinga, J) dated the 27th day of July, 2010
in
Kisii HCCC No. 153 of 2003)
***************
JUDGMENT OF J. MOHAMMED JA
Background
1. This appeal emanates from the judgment of the High Court at Kisii (Musinga,J), as he then was, where the appellant had filed a suit against the respondent seeking to be declared the rightful owner of land known as Gesima Settlement Scheme/96 (hereinafter referred to as the suit property) measuring approximately 10.9 hectares. His claim was on the basis that 3.3 hectares (hereinafter referred to as the disputed portion) of the suit property was erroneously appropriated to the responden…