JUDGMENT OF THE COURT
This appeal is from the judgment of the High Court, Musinga J. (as he then was) dated 23rd July, 2009 in a dispute over land, parcel number Transmara/Osinoni/49 (hereinafter “the suit land”). The respondent was the plaintiff in that suit and sought, against the appellant who was the defendant therein, two main reliefs, namely, a declaration that the appellant was registered as proprietor of the suit land in trust for him and further that he be ordered to transfer the suit land to the respondent.
The basis of the respondent's claim was that he had left the suit land in 1992 in the hands of the appellant because he was forced to move out of it by tribal clashes. However on his return the respondent discovered that the appellant had registered the suit land in his name fraudulently particulars whereof he pleaded.
In the defence delivered by the appellant, he denied the fraud and alleged that he had lawfully purchased the suit land from the respondent during the adjudic…