AGRI SEEDCO LTD
V.
CHRISTINE CHEPCHIRCHIR BAIG & MIZRA IQBAL BAIG

JUDGMENT OF THE COURT

[1] This appeal arises from a dispute regarding the sale of property belonging to Christine Chepchir Baig (herein 1^st respondent). The property is known as LR No. 3707/4 (Original Number 3707/1/2) (herein the suit property). The 1^st respondent is the Lessee of the suit property from the Government of Kenya for the residue term of 999 years from 1^st June, 1913. The suit property is situated in Trans Nzoia district. It measures 24.28 Hectares, which converts to approximately 60 acres. At the material time, the suit property had a farm house, an office block, a go-down, coffee milling factory extending about 3 acres, 7 acres with cultivation, and the rest of the expansive 50 acres was covered by coffee plantation.

[2] The 1^st respondent had purchased the suit property, in 1984 during the subsistence of her marriage to Mizra Igbal Baig (2^nd respondent). The marriage was entered into on 3^rd March, 1981. The controversy over the sale of the suit property arose from the e…