Customer Support

TIMINA NDAVOLA AFUNDI
V.
FESTUS AFUNDI

(2015) JELR 93844 (CA)

Court of Appeal 25 Sep 2015 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 8 of 2013
Judges:Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Timina Ndavola Afundi v. Festus Afundi [2015] eKLR

JUDGMENT OF THE COURT

This appeal is against the ruling of Chitembwe, J. dated 7th February, 2013 in Succession Cause No. 39 of 1997 (Kakamega) where the subject matter of the dispute was the mode of distribution of a parcel of land known as Kakamega/Lumakanda/147, hereinafter referred to as “the subject land,” which measurers 12 acres or thereabout.

The subject land has a chequered history. In 1960 the subject land was allocated by the Settlement Fund Trustee (SFT) to one Paul Rangwen, who was supposed to repay the purchase loan that was advanced to him by the SFT. The subject land changed hands severally, albeit unlawfully, and in 1968 one John Kamau, purporting to be the owner thereof, sold it to the respondent's father, hereinafter referred to as “the deceased”. All along the title to the subject land was held by SFT since the purchase loan had not been repaid.

The deceased died in 1986 and left the respondent, his first born, and his six brothers living on the subject land. After th…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.