The Appellant went to the Tribunal seeking rent arrears, eviction and mesne profit over the house in dispute which he claims ownership. To prove his case, the Appellant tendered a letter of offer and lease agreement. DW2, who is the brother of the Appellant, told the Tribunal that the letter of offer produced by the Appellant was tainted with fraud and that he was the legal owner of the suit land through power of attorney granted by the late Ally Warioba Nyambange. The record showed that there was a probate matters No. 3 of 2001 which was still pending in relation to the suit premises and no evidence was led to show that it had been concluded.

