MICHAEL BETT SIROR V. JACKSON KOECH

JUDGMENT OF THE COURT

[1] By a plaint dated 17^th July, 2015, Jackson Koech, who is now the respondent sought judgment against Michael Bett Siror, now the appellant, for a declaration that the appellant who is the registered owner of L.R. No. 6614/6 is holding 300 acres out of that land (herein disputed portion), in trust for the respondent, and that the trust be terminated and the appellant ordered to subdivide L.R. No. 6614/6 and transfer the 300 acres to the respondent.

[2] The appellant filed a defence in which he admitted being the proprietor of L.R. No. 6614/6, but denied that he was holding the disputed portion as trustee for the respondent or any other person. Without prejudice to that denial, the appellant maintained that the respondent had no locus standi to assert a trust on behalf of undisclosed persons; that the action for a declaration of trust was not enforceable for want of Land Control Board Consent; that L.R. No. 6614/6, was charged to Agricultural Finance Corporation a…