SATIMA PEAK FARMERS LIMITED V. ONESMUS WERU (DECEASED), TRACISIUS NDERITU (DECEASED), WILLIAM GACHAI, JAMES GITONGA WERU, JOHN NDERITU & OTHERS

JUDGMENT OF THE COURT

The suit property is an agricultural land. Initially, the suit property was registered under the repealed Registration of Titles Act as IR 1410 - Land Reference No. 3381/ Mweiga and measures 983 acres. The suit property is currently known as Mwiyogo/Labura Block II (Mukoi) having been subsequently registered under the repealed Registered Land Act (Cap 300 of the Laws of Kenya).

On 24^th November, 1962, the suit property was transferred to Mr.Onesmus Weru s/o Gichahi (the 1^st respondent), Tracisius Nderitu s/o Ngatunyi (2^nd respondent) and William Gachai (3^rd respondent) as tenants in ommon in equal shares for Kshs. 120,000/=. The three proprietors did not have money to pay the purchase price, hence they secured a loan from the Land Development and Settlement Board (Settlement Fund Trustees) for Kshs. 108,000/= to finance the purchase. A charge in favour of the Settlement Fund Trustees (Chargee) was registered against the suit property on 24^th November, 1962 for the …