DAVID K. KIPSANG V. JAMES KIPCHENGER

JUDGMENT OF THE COURT

This is an appeal from the judgment of the superior court (Rimita J) concerning a dispute as to land in the Rift Valley. The appellant David K. Kipsang, was the defendant in Nakuru High Court Civil Case No. 229 of 1995 in a suit brought by James Kipchenger the respondent in this appeal. The superior court gave judgment for the defendant/respondent and granted the relief sought in the Amended Plaint as prayed. The orders which had been sought were as follows:-

“1. A declaration that the plaintiff is the lawful owner of all those shares in the name of the defendant in respect of receipt No.488 for Kshs.5,140.00 and that the defendant has no valid claims over the same.

2. A declaration that in view of revocation of the agreement between the parties the consideration therefor together with interest arising thereof revives (sic) back to the plaintiff and the defendant has no lawful claim over it.

3. A declaration that LR.No Molo South Kerengeti Block 3/97 (Kirantich) is …