VIJAY MORJARIA V. NANSINGH MADHUSINGH DARBAR

JUDGMENT OF LAKHA, J.A.

This is the defendant's appeal from a judgment of the superior court (Onyango Otieno, J.) given on 25 February 2000 whereby he declared that the property Land Reference Number 209/9/10 Nairobi (the suit property) is the property of the plaintiff and ordered that the transfer and registration of the suit property in favour of the defendant be cancelled and vacated; he also dismissed the defendant's counterclaim for delivery of possession of the suit property and mesne profits.

I will set out shortly the facts as they appear on the pleadings and documents and as they were found by Otieno, J. The learned judge rejected almost the whole of the defendant's evidence on the vital issues and accepted that given on behalf of the plaintiff.

At all material times the plaintiff was the owner of the suit property, which was registered in his name. His son needed financial assistance and requested the plaintiff to give the suit property by way of security. Not unnaturally the p…