STANLEY ATIRA ODERA
V.
JOHNSTONE ODERA AMBULULI & 5 OTHERS

JUDGMENT OF THE COURT

STANLEY ATIRA ODERA, (appellant) brought this appeal against the judgment and decree of the High Court of Kenya at Kakamega (Hon. Mr. Justice J. Chitembwe) delivered on 9^th January, 2015.

Briefly the facts of this appeal are that, JOHNSTONE ODERA AMBULULI (1^st respondent) was registered as owner of all that parcel of land known as E.WANGA/ISONGA/2413 measuring approximately 16 acres. The appellant who is the son of the 1^st respondent, sued the 1^st respondent in Mumias Land Disputes Tribunal claiming a portion of the 1^st respondent aforestated parcel of land. The 1^st respondent did not enter appearance in the case before the Tribunal and the Tribunal ruled that the appellant and his brothers were to get a portion measuring 10 acres from the 1^st respondent’s land. The 1^st respondent filed an appeal against that ruling in the Appeals Committee; however, his appeal was dismissed. The 1^st respondent filed another appeal before the High Court sitting at Kakamega, which a…