<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">Dickson Ngigi Ngugi, the appellant herein, appeals to this Court from the ruling and order of the High Court (Bosire, J. as he then was) dated and delivered on the 31st day of July, 1996. By that order, the learned Judge had rebuffed the appellant&#x27;s attempt to set aside an earlier order of the same Judge delivered on the 26th April, 1996. The matter arose in the following way.</p><p class="ql-align-justify">Way back in 1974, the then Minister for Lands, one J.H. Angaine, directed the Commissioner of Lands, the respondent herein, to allocate to the appellant a piece of land measuring some 118 hectares in Njoro Township. The land was then unsurveyed, but following the Minister&#x27;s instructions, the respondent had the land surveyed and was apparently given the number L.R. NO. 519/223 . By his letter dated the 7th June, 1977, the respondent allotted the land to the appellant on certain terms. In the first instance, the allocation to the appellant was for three years at an annual rent of KShs.2,354/= a…</p>