JACK KAGUU GITHAE V. JAMES MUGO KINGA, DANIEL NGATIA KINGA, HENRY WAITHAKA KINGA, CRISPIN MUCHERU KINGA, MICHAEL MAINA KINGA, STANLEY KINGA MWENDIA, MOSES KANYUTU MWENDIA, JOSEPH MWENDIA KINGA, DIASPROPERTY LIMITED & SAMUEL THUITA MWANGI

JUDGMENT OF THE COURT

The appeal arises from the ruling of the Environment and Land Court at Nyeri (ELC) A. Ombwayo, J. dated 28^th March, 2014.

The background to the appeal is that, the appellant filed a plaint dated 12^th March, 2010, subsequently amended at Nairobi on 7^th November, 2012, claiming inter alia, that, on 3^rd July, 1986, he purchased 200 acres (the suit property), out of the 264 acres then comprised in LR. No. 11306/2 Ex-Moller Farm situated South West of Rumuruti Town (the mother title), from the late Kinga wa Mwenda (the deceased). According to him, he paid the full purchase price of Kshs. 600,000.00 out of which Kshs. 315,539.10 went to pay off the deceased’s indebtedness to the Settlement Fund Trustees (SFT). The deceased excised the suit property from the mother title and put him in immediate possession and occupation. The deceased subsequently obtained land control board consent for subdivision but passed on before the process for consent for transfer was completed. T…