IN THE COURT OF APPEAL
AT KISUMU
(Coram: Nyarangi, Masime JJA and Kwach Ag JA)
CIVIL APPEAL NO 169 OF 1986
BETWEEN
ELIJAH SHAMALLA BENJAMIN MOMO.................. APPELLANT
AND
GERRY CHIBEU...........................................................RESPONDENT
(Appeal from a judgment of the High Court at Kakamega, Aganyanya J)
JUDGMENT
December 1, 1988, Nyarangi, Masime JJA and Kwach Ag JA delivered the following Judgment.
Gerry Chibeu, the respondent, is the registered proprietor of the piece of land Title Number South Kabras/Chesero/956 (the suit land), which is the subject matter of this appeal. According to the Land Registrar, Kakamega, he became registered as such on March 3, 1981. He bought the suit land at a public auction where it was offered for sale by Kenya Commercial Bank Ltd in exercise of its statutory power of sale as chargee following default by the original owner to repay a loan which had been advanced to him by the Bank on the security of this title.
By an agreement in writing da…