JUDGMENT
The property in dispute in this appeal is Land Parcel No. 22524, Grant Number IR 85966 (hereinafter referred to as (‘the suit land’) situated in Embakasi area of Nairobi and said to measure about 87.910 ha (207 acres or thereabout).
The appellant alleges that the Department of Defence (‘DoD’) has since the year 1986 been in possession and occupation of the suit land and therefore the suit land was not available for allocation to any person or entity thereafter. The respondent on the other hand alleges that it acquired legal title to the suit land on 26th April 2001 by way of a transfer from an allottee of the same known as Renton Co. Ltd (‘Renton’) at a valuable consideration of Kenya Shillings Twelve Million (Kshs.12,000,000.00) for a term of 99 years commencing on 1st January 2001. Renton had allegedly been granted the suit land vide an allotment letter dated 19th December 1999 by the Commissioner of Lands.
In the petition filed before the High Court, the respondent alleged th…