JUDGMENT OF THE COURT
On 15th August, 1984, Leonard Ojango (the appellant) filed a suit in the superior court at Kakamega against Filista Atingo (the respondent) seeking an order for her eviction from a parcel of land West Bunyore/Ebusikhale/1986 (the suit land) and an injuction restraining her from trespassing on the same.
The plaint was subsequently amended to add a prayer for recovery of arrears of rent amounting to Shs.216,000/=. The appellant had earlier on been granted letters of administration (intestate) of the estate of his late father Henry Isiche who had died way back in February 1979. The grant was confirmed on 17th June, 1987. On the strength of that grant, the appellant and his brother had the suit land transferred to themselves and registered as proprietors. An application for the revocation of the grant was made by 3 persons including Ernest Atingo, the respondent's husband (now dead), but this was dismissed by Osiemo, J. on 21st November, 1990.
With regard to the suit fi…