JUDGMENT OF THE COURT
This appeal relates to the property known as L.R No. Sinyerere/Sitatunga Block 1/Mukuyu/13, hereinafter “the suit land”, in which the appellant is the administratrix of the estate of the Dominic Muriithi hereinafter “the deceased” and the respondent was a shareholder of Mukuyu Farmers Company Limited hereinafter “MFCL”.
The deceased was the registered owner of the suit land by virtue of being a shareholder in MFCL whereas the respondent was allocated 17 acres of the suit land by virtue of being a shareholder of MFCL too. The respondent was attacked in 1976 and relocated to Ol Kalou. She leased the suit land to the deceased for two years. Both the deceased and the appellant claimed that the deceased subsequently bought the respondent’s land at Kshs. 13,000/ but did not have any documentary proof of payment or evidence on how he paid the money. When the respondent returned, the deceased had demolished her house and store which prompted her to file Kitale SRMCC No. 24…