JUDGMENT OF THE COURT
1. This is an appeal from the judgment of High Court (Kasango, J.) delivered on 15th June 2007 in Nyeri High Court Civil Appeal No. 1 of 2000.
2. The facts of the case are that in September 1989, the Respondent, Dominica WamuyuKihu (Dominica), filed a suit in the Principal Magistrate’s Court at Nyeri against the Appellant, JohanaNduraWakaritu (Johana) claiming that in 1958, her late father had registered the piece of land situate in Magutu area of NyeriDistrict and known as Title No. Magutu/Gathehu/53 in the name of Johana in trust for her as she was a minor at that time.When she became of age,Johana refused to transfer the land to her despite demand. In the circumstances she prayed for an order directing the deregistration of Johana as the owner of the land and the registration of the same in her name.
3. On 13th August 1996, the Principal Magistrate’s Court referred the dispute to Nyeri District Land Disputes Tribunal (The Tribunal) for hearing and final determina…