<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">[1] The proceedings leading to this appeal were commenced by <em>Linda Newman,</em> who is now the respondent, through a plaint dated 18^th March 2011 filed in the High Court at Malindi and amended on 19^th September 2011. The suit was against <em>Stephen Mkare Mulewa,</em> who is now the appellant. The reliefs sought by the appellant included <em>inter alia</em>: a declaration that she was solely entitled to ownership and possession of a property known as sub-division number 815 (original No. 814/2) registered as CR. 27980/1 (hereinafter “the suit property”); a declaration that the appellant was holding the suit property in trust for her; an order for a mandatory injunction directing the appellant to transfer the suit property to her; and a permanent injunction restraining the appellant from interfering with her quiet enjoyment and occupation of the suit property.</p><p class="ql-align-justify">[2] According to her amended plaint, the respondent who is a British national, while on a visit to Kenya in 1998 met and got invol…</p>