JUDGMENT OF THE COURT
In the years 1977, 1988 and 1991, Elijah Kipn’geno Arap Bii the appellant herein borrowed various sums of monies from the 2nd respondent Bank and charged his parcel of land known as LR. No. Kericho/Kabianga/1824 and the developments thereon as security. LR No. Kericho/Kabianga/1824 is hereafter referred to as the suit property. The appellant defaulted in repaying the secured monies and interest thereon.
On 20th November 2002, the 2nd respondent by public auction sold the suit property to the 1st respondent for the sum of Kshs.1,310,000/=. Consent to transfer and register the suit property in the name of Peter Kipyegon Rotich the 1st respondent was obtained from the Kericho Land Control Board and the 1st respondent became and is now the registered proprietor of the suit property.
Upon being registered as proprietor of the property, the 1st respondent filed suit against the appellant at the High Court being Civil Suit No. 1252 of 2003 seeking an order for vacant posse…