GLADYS WANJIRU NGACHA V. TRERESA CHEPSAAT, PIUS KIBWETTI SERVEY, BERNARD KATHANGA, KERUGOYA COUNTY COUNCIL & ATTORNEY GENERAL

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court (Makhandia, J.) dated 28^th November, 2008 in which the learned judge dismissed the appellant's suit.

The appellant herein filed a suit in the High Court seeking inter alia a declaration that the parcel No. Inoi/Kerugoya/250/282 which later became known as Inoi/Kerugoya/19A rightfully belongs to her; declaration that the fraudulent sale between 1^st , 2^nd and 3^rd respondents (defendants in the High Court) was null and void; and an order directing the 4^th and 5^th respondents (defendants in the High Court) to rectify all records relating to the suit property. The appellant's case was that the Kirinyanga County Council resolved on 10^th July, 1987 to allocate parcel No. Inoi/Kerugoya/250/282 which later became known as Inoi/Kerugoya/19A (suit property) to the appellant and the 1^st respondent as tenants in common. Subsequently, on 16^th October, 1987 an allotment letter in respect of the suit property was issued in both…