JUDGMENT OF THE COURT
This is an appeal from the judgment of Wambilyangah J. which judgment was delivered by Tanui J. on 25th January, 2002 at Kisumu. In that judgment, the learned Judge entered judgment in favour of the respondent herein, one, Ayub Odhiambo Migwalla who was the plaintiff in the superior court.
The dispute herein relates to a piece of land known as No. Tamu/108 measuring about 10 acres. This piece of land (the suit land) had been registered in the name of Ezekiel Onyuka who was the father of one, John Aloo Onyuka. When Mzee Ezekiel Onyuka died the family members appointed John Aloo Onyuka to take care of the interest of the family. It must be pointed out that John Aloo Onyuka had not been issued with a grant of letters of administration but all the same the members of the family authorized him (as the eldest son) to enter into a sale agreement for the suit land. A sale agreement between John Aloo Onyuka (as the vendor) and Ayub Odhiambo Migwalla (as the purchaser) was e…