<p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">Gicheru JA. The case for the appellant in the superior court was that some time in the year 1974 the respondent accompanied by his father and mother approached him and told him that he was the allottee of Plot Number 210 in the Kaptagat Settlement Scheme Number 46 in Uashin Gishu district, the suit plot. This plot measured approximately 35.8 acres. According to the appellant, the respondent told him that he had obtained Settlement Fund Trustees and Guaranteed Minimum Return loans on the security of the said plot and he would have liked to exchange it with a plot that was unencumbered if the appellant had one. The loans debts then outstanding against the suit plot amounted to over Kshs 25,000/=. The appellant then asked the respondent how much land he wanted from him in exchange of the suit plot and the respondent said that he wanted 15 acres of land in respect thereof.</p><p class="ql-align-justify">According to the appellant, he had three plots: one of which was at Chepkorio in Keiyo Marakwet district, whil…</p>