PETER MWENDA NJAGI V. MARGARET WAMBUI NJOGU & 4 OTHERS

JUDGMENT OF THE COURT

This is an appeal against the judgment and decree of the High Court dismissing the appellant’s appeal against the judgment of the Resident Magistrate Kerugoya which had dismissed the appellant’s suit with costs.

The appellant is the original proprietor of land Title No. Ngariama/Rungeto/1129 measuring approximately one acre (1 acre) which is a sub-division of the appellant’s original Title No. Ngariama/Rungeto/779. The copy of the register produced at the trial showed that the appellant was registered as proprietor of the sub-division on 3^rd September, 2001 upon the sub-division of the original title. The copy of the title further shows that on 4^th March, 2002, the suit land was transferred to the five respondents as a gift to them. On 10^th March, 2003 the appellant filed a suit against the five respondents in essence to recover the suit land on the basis that the respondents “fraudulently transferred land parcel No. Ngariama/Rungeto/1129) to themselves ...”.

The pa…