DANIEL KIRUI & KIPSINENDE FARM CO. LTD V. MONICAH W. MACHARIA & COMMISSIONER OF LANDS

JUDGMENT OF THE COURT

Peter Macharia, was the plaintiff in Nakuru High Court Civil Case No.278 of 1996, in which the Attorney General and Kipsinende Farm Limited, were named the defendants. The Attorney General was named as defendant on behalf of the Commissioner of Lands. The dispute in that suit concerned the ownership of a parcel of land known as L.R. No. Nakuru Municipality/Block 6/142. The plaintiff had been allotted the land by the Commissioner of Lands by a letter dated 23^rd July, 1992, which allotment was however, cancelled by another letter from the same Commissioner of Lands dated 19^th January, 1993. The plaintiff sought for, among other prayers, that he be declared as owner of the said property.

Before the suit was concluded the plaintiff died and Monicah Wamuhu Macharia, was joined as legal representative of his estate. The suit was heard and dismissed with costs. Thereafter, Monicah Wamuhu Macharia, brought fresh action against Daniel Kirui, Kipsinende Farm Company Ltd and …