JUDGMENT
By their amended plaint lodged in the High Court at Kisumu, the two appellants, Stephen Onyango Achola and Paul Obuya Mola, as plaintiffs, had alleged against the two respondents, Edward Hongo Sule and Kisumu Municipal Council, as defendants, that:
“(a) During the year 1994 the defendant (sic) acting jointly and or severally fraudulently misrepresented to the District Lands Officer, that the said parcels of land was private land belonging to the 1st defendant.”
The appellants then set out the particulars of the fraudulent misrepresentation and the land in dispute between the parties were identified as Kisumu/Kasule/3606 and 3604. The plaint is not very clear on this aspect of the matter for while paragraph five of the plaint sets out the two numbers above, paragraph 8A sets out parcel No Kisumu/Kasule/ 3605 which the second appellant was alleged to have been in occupation for some fifty yers as at the date of the amended plaint. We suppose these matters will have to be sorted ou…