SIMIYU TIMOTHEO KHANGASI V. JEPHETHER WEKHUYI MASINDE

JUDGEMENT OF THE COURT

BACKGROUND

1. This is a first appeal from the decision of Honourable Justice Ann Omollo sitting at Bungoma Environment and Land Court in ELC Case No. 176 of 2013 (Formerly HCC No. 73 of 2004).

2. The background to the case is that the respondent, Jephether Wekhuyi Masinde bought all that land known as Ndivisi/Makuselwa/328 measuring approximately 3.54 Hectares (the suit property) from the appellant, Simiyu Timotheo Khangasi in 1976 for Kshs. 12,000/-. The appellant had charged the suit property to Agricultural Finance Corporation Limited (AFC) who held the Title Deed as security and after the respondent paid the full purchase price, with Kshs. 2,129.80/- going towards settlement of the loan balance with A.F.C. Limited, the Title Deed was released to him with the consent of the appellant. Thereafter, the appellant signed the transfer documents and both parties went before the Kimilili Land Control Board on 6^th May, 1976 for hearing of the application for consent to …