JUDGMENT OF THE COURT
The respondent, Allan George Njogu Kamau, purchased from the Hon. Francis Arap Tarar, during the year 1992, an unregistered property now known as Eldoret Municipality Block 1/166 measuring 0.311 of an hectare (hereinafter referred to as “the suit property”). The suit property was allocated to Hon. Tarar by the Municipal Council of Eldoret . It is not known how much Mr. Kamau paid to Hon. Tara r for the suit property. As the property was then unregistered the title was given direct to Mr. Kamau by the said Council presumably as a result of Hon. Tarar’s request. The title as issued is leasehold, for a period of 99 years from 1st August, 1992 (less last day) and was actually registered in the name of Mr. Kamau on 13th May, 1997 and a certificate of lease under the Registered Land Act was issued to him on the same day.
It was only when Mr. Kamau was selling the suit property to a society known as Fountain of Life Ministries that he allegedly realized that the suit prop…