JUSTUS M'INOTI M'MWAMBIA V. M'RUKUNGA M'MBOROKI & ATTORNEY GENERAL

JUDGMENT OF THE COURT

1. Before us is an appeal from the ruling of the High Court (Makau, J.) wherein the appellant's application for review of the High Court's ruling dated 3^rd November, 2011 was dismissed with costs.

2. The 1^st respondent filed suit in the High Court on 31^st January, 1996 seeking inter alia a declaration that the transfer of L.R No. Nyaki/Thuura/1911 (suit property) to the appellant was illegal and cancellation of the said transfer. It was the 1^st respondent's case that he is the registered owner of the suit property; he purchased the same from one M'Muguongo M'Maitai in the year 1979; on or about 16^th November, 1989 the appellant in collusion with the 2^nd respondent fraudulently transferred the suit property to the appellant.

3. Upon being served with the summons to enter appearance, the appellant entered appearance on 12^th February, 1996 but failed to file a defence. Consequently, interlocutory judgment was entered against the appellant on 16^th October, 1996. The sui…