IN THE COURT OF APPEAL
AT KISUMU
(Coram: Tunoi, Lakha and O’Kubasu JJ A)
CIVIL APPEAL NO 347 OF 2000
JOSHUA OTIENO BUYU............................APPELLANT
VERSUS
PETRO OCHIENG WASAMBWA...............RESPONDENT
(Appeal from an order of the High Court of Kenya at Kisumu
(Wambilyangah J) dated 22nd day of May, 2000 in
HCCC No 124 of 1997)
JUDGMENT
This is an appeal from the ruling of Wambilyangah J delivered on 22nd May, 2000 in which he dismissed the appellant’s application for a review of his earlier judgment.
The dispute herein was commenced by way of a plaint in which the respondent, Petro Ochieng Wasambwa , was the plaintiff and the appellant, Joshua Otieno Buyu, was the defendant. The relevant paragraphs of the plaint stated as follows:-
“3. At all material times the plaintiff was and is the registered owner of all that piece of land known as Kisumu/Manyatta “A”/3161 measuring 0.03 Ha and thereabouts.
4. On or about 1993 the defendant has illegally and without any right or colour entered into …