JOHN K. MALEMBI V. TRUFOSA CHEREDI MUDEMBEI, NEVIN EGESA JEDEVERA & SETTLEMENT FUND TRUSTEES

JUDGMENT OF THE COURT

1. The suit property in dispute in this appeal is Land Parcel No. Kakamega/Mabusi/14 measuring 22 Hectares. By a Plaint dated 23^rd October 2000, the 1^st respondent filed suit against the appellant and the Settlement Fund Trustees (STF). The 1^st respondent is the widow of the late William J. Mudembei who died on 25^th April 1982.

2. At all material times to the suit, the deceased William Mudembei was the allottee by the Settlement Funds Trustees of Land Parcel No. Kakamega/Mabusi/14. In order to purchase and acquire title to the property, the deceased took a loan from the SFT. It is alleged that the deceased continued to repay the loan until 17^th March 1979 when he sold his interest to one, Charles O. Machungo. It was alleged that in April 1998, the appellant entered the suit property claiming to have bought the same from the Settlement Fund Trustees.

3. Upon the appellant entering the suit property, the 1^st respondent made inquiries and established that the appellant…