REBECCA MORAA OCHI & 43 OTHERS
V.
KIOGORO LAND DISPUTES TRIBUNAL & 10 OTHERS

RULING OF THE COURT

The facts in this dispute are fairly straight forward and largely uncontroverted. Those facts may be stated as follows:-

In 1966 the 8^th respondent (Makori Samarere) and two colleagues, Ochi Gekonge (Ochi) and Kenyariri Kenyariri (Kenyariri) set out on an ambitious but progressive and forward-looking investment when they jointly purchased a parcel of land known as NYARIBARI/KEUMBO/900 measuring approximately 7.89 Hectares, with each holding 1/3 of the undivided share.

After the death of Ochi and Kenyariri the 8^th respondent claimed that the family of the late Ochi occupied a larger portion than what they were entitled to, and that the family of Kenyariri had also encroached on the 8^th respondent's portion of the land. As a consequence of these allegations, the 8^th respondent made a reference to the Kiogoro Land Dispute Tribunal in claim No. 4 of 2010, against the widows of the two of his deceased co-owners of the suit property.

In his claim before the Tribunal, the 8^th…