KENYA FOREST SERVICE V. RUTONGO'T FARM LIMITED

JUDGMENT OF THE COURT

This appeal concerns a dispute over the contested ownership, of properties known as Land Reference number Trans-Nzoia/ 6657 and 10832 (the suit land) which both the appellant and the respondent claim to have purchased from a private owner, one Andres Johannes Olsen (Olsen).

In an amended Petition dated 19^th March 2013, supported by an affidavit sworn by Michael Francis Chemonges Kitiyo, the respondent’s Vice Chairman, the respondent stated that it entered into a sale agreement on 28^th August 1973 with Olsen to purchase the suit land. That on 28^th December 1973, the respondent paid a sum of Kshs. 400,000/- to Olsen, and applied to the Trans-Nzoia Land Control Board for consent to transfer the suit land. The application was approved by a Board meeting held on 16^th January 1974 vide minute number ex-87/73, and on 17^th January 1974, a Letter of Consent was issued. Whilst this transaction as ongoing, for reasons that were not stated, Olsen entered into another sale agre…