JUDGMENT
JUDGMENT OF TUIYOTT, JA
[1] Two brothers claim the ownership of a parcel of land known as Nandi/Kokwet/688. That dispute has been escalated to us as a first appeal.
[2] At trial in Eldoret Environment & Land Court Case No. 491 of 2013, it was common ground that Mark Kiprotich Sirma (the appellant) is the registered owner of the suit land. It was his case that he purchased the parcel of land from one Jemaiyo Kogo, now deceased and had it transferred and registered in his name. Title to him was issued on 5th August, 1994.
[3] His case was that he took possession of the land and requested his brother, Sosten Kiplagat Sengoei (the respondent), to take care of his cattle on the suit parcel. He was therefore shocked and dumbfounded when in 1998, his brother refused to vacate the suit land. He avers that the kind gesture of allowing his brother to temporarily stay on the suit land has been abused. In an amended plaint dated 21st November, 2015, he sought the following intervention from …