PHILLIP BRAINFIELD OTIENO
V.
JACOB OCHIENG OTIENO & ANOR

JUDGMENT OF THE COURT

1. Before the magistrate’s court, Nicholas Omolo Oloo, now represented by the appellant filed suit against the respondents claiming ownership of Land Parcel No. Uholo/Madungu/250. At all material times, the suit land was registered in the name of Joseph Adede Otieno (deceased) who was husband to the 2^nd respondent. The said Joseph Adede Otieno was step brother to the 1^st respondent.

2. The appellant’s contention before the trial magistrate was that the registration of the suit property in the name of Joseph Adede Otieno was fraudulent and through misrepresentation. That the suit property belonged to the then plaintiff Nicholas Omolo Oloo (also now deceased).

3. Upon hearing the parties, the trial magistrate dismissed the appellant’s suit. In dismissing the suit, the magistrate stated:

The other issue is whether Joseph Adede Otieno had the said parcel of land fraudulently registered in his name. The plaintiff has failed to demonstrate that the late Joseph Adede Otieno…