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|Case Number:||Civil Suit 70 of 2010|
|Parties:||JOSEPH ABONGO v MOSES ODOYO NYAOKE & DICKENS AYUB ODHIAMBO|
|Date Delivered:||11 Nov 2011|
|Court:||High Court at Kisumu|
|Judge(s):||Hilary Kiplagat Chemitei|
|Citation:||JOSEPH ABONGO v MOSES ODOYO NYAOKE & Another  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
IN THE HIGH COURT OF KENYA
CIVIL SUIT NO. 70 OF 2010
I have read carefully the rival affidavits together with the submissions filed by both counsels. I would agree with the plaintiff counsel that his client is the current registered owner of the suit property.That alone entitles him to claim an overriding right over any other person including the defendant. Nevertheless I have read the defendant defence dated 3rd June 2010. In my opinion the same raise triable issues.
One of them include the fact that there seems to be a boundary dispute which has been existing between the parcels of land namely KISUMU / KOGUTA / 170 and KISUMU / KOGUTA / 165. The same is unresolved.This is buttressed by the annextures of the defendant in his replying affidavit, namely the minutes of Upper Nyakach Land Control Board.
Further there is an issue regarding succession proceedings which led the plaintiff obtain title.There is an allegation of fraud allegedly purportedly by the plaintiff.