JUDGMENT
JUDGMENT OF KIAGE, JA
This appeal is a challenge by the appellant, William Wamalwa Wekunda against the judgment of the High Court of Kenya at Bungoma (Ali-Aroni, J.) by which it distributed the Estate of Sikunyili Lusike Mulia (Deceased) among the biological sons of the deceased, Laban and Herman; and Stephen, a nephew, as follows; Jaban Wafula - 40.4 acres, Herman Okumu - 40 acres and Stephen Wekunda - 20 acres
The appellant, a son to Stephen (deceased) was aggrieved by that decision and filed the instant appeal containing 7 grounds, which, condensed, are that the learned judge erred in;
Finding that land was subdivided in the year 2000 after the demise of the deceased Lusike Murunga Shikunyili by the sons when on the contrary the land was subdivided in the year 1985 by the deceased. Finding that Herman O Murunga was in attendance when the surveyor visited the site on 17th April, 2015 when he had already died in 1994. Not finding that the titles were created by the year 2000. Di…