<p class="ql-align-justify">JUDGMENT</p><p class="ql-align-justify">On 17th July, 1974, the appellant filed a suit in the High Court at Nakuru seeking the 1st respondent’s eviction from plot No 16 Ndaragwa Settlement Scheme (hereafter referred to as the suit premises) of which the appellant was the registered owner. The 1st respondent in his written statement of defence and counter-claim prayed for a dismissal of the suit and a declaration that the appellant was a trustee for the 1st respondent for half of the suit premises. He had also prayed, presumably in the alternative, for, <em>inter alia</em>, a declaration of entitlement to half the value of the suit premises and compensation for improvements. The learned former Chief Justice, Simpson J as he then was, following a full hearing gave judgment on 25th May, 1979, in which he ordered that on receipt from the appellant of a sum of Kshs 1750/- the 1st respondent was to vacate the land occupied by him on the suit premises within 3 months with permission to reap any crops already planted and not harvest…</p>