JUDGMENT OF THE COURT
In this appeal, the appellants, Sumbeiyo Primary School, Paul Chebiego, Jacob Barmao and Michael Maiyo seek for orders that:-
a) The decision and decree of the High Court given on 27th April 2007 be set aside;
b) The case be remitted for retrial before another judge;
c) The appellants be awarded costs in the appeal.
By way of a plaint dated 21st February 1998, the appellants prayed for judgment against the respondents as follows:-
a) A declaration that L.R No. Plateau/Chepkongony Block 2 (Sumbeiyo) 65 was fraudulently transferred to numbers Plateau /Chepkongony Block 2 (Sumbeiyo) 72 and 73 hence null and void and that the 1st plaintiff is the rightful owner;
b) Special Damages;
c) General Damages;
d) Costs of and incidental to this suit together with interest thereon at court rates;
e) Any further or other relief this Honourable court deems fit and expedient to grant.
On 24th April, 2004, a judgment was delivered by Dulu, J on behalf of Nambuye, J ( as she then was ) in whi…