IN THE COURT OF APPEAL
AT KISUMU
(Coram: Potter, Kneller and Hancox JJA )
CIVIL APPEAL NO 19 OF 1983
BETWEEN
GIRADO MAHAJA.......................................APPELLANT
AND
KHUTWALO and ANOTHER..........................RESPONDENT
JUDGMENT
This case involves a long-standing dispute over the land known as Parcel 243 at Sisenye village in the Busia District, comprising about 50 acres and said to be occupied by over forty people. In 1967 the first respondent to this appeal sued a relative, one Khayaja Weswa, in the 3rd class district magistrate’s court at Funyula and the boundary dispute that existed between them was decided in the respondents’ favour. Nine years later both the respondents successfully filed an objection to the adjudication register which, according to Mr Miruka Owuor’s affidavit filed on June 22, 1982, wrongly recorded the land in the appellant’s name. A further objection was filed by one Hitila Musungu, the son of the original defendant, in the same year, which the Adjudicatio…