REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
CORAM: KWACH, SHAH and O'KUBASU, JJ.A.
CIVIL APPEAL NO. 179 OF 1999
BETWEEN
NYANDUNDO PRIMARY SCHOOL ......................................................................................... 1ST APPELLANT
THE DIRECTOR OF LAND ADJUDICATION and SETTLEMENT ............................................... 2ND APPELLANT
AND
STEPHEN WAWERU ..................................................................................................... RESPONDENT
(An appeal from the Judgment and Decree of (Hon. Mr. Justice
D. Rimita) dated 13th April, 1999
in
H.C.C.C. NO. 391 OF 1994)
**********
JUDGMENT OF KWACH, J.A.
Stephen Waweru (the plaintiff) filed a suit in the Principal Magistrate's Court at Nakuru against Nyandundo Primary School (the first defendant) and the Director of Land Adjudication and Settlement (the second defendant) in October 1987 and sought the following, among other, reliefs -
"(a)a declaration that the second defendant sold the suit …