JUDGMENT OF THE COURT
The appellant, Naphtaly Omido, (Omido) claimed that by two sale agreements made on 14th February 2009, Joash Amaya (the deceased,) had sold him two portions of Land Parcel No. Butsotso/Shibeye/339 (the suit land), one portion comprising 2 acres for an amount of Kshs. 260,000/- (the first agreement), and the other 11⁄2 acres for Kshs. 110,000/- (the second agreement).
Upon payment of the agreed sums, Omido immediately took over possession of the portions, and together with his brother, Thomas Uyangi (Thomas) DW 8, erected a house on the 2 acres, and planted trees on the 11⁄2 acres.
It was his further claim that at the time of distribution of the estate of the registered owner of the suit land Mulupi Wetende (the registered owner), David Akonya Amaya (David), the 1st respondent, and administrator of the registered owners’ estate, and Solomon Atsulu Omulupi (Solomon) the 3rd respondent, had failed or refused to list his interest in the suit land as part of the register…