JUDGMENT OF THE COURT
The property at the centre of this legal tussle is a parcel of land measuring approximately 36.9 acres situate at Mambrui, Kilifi County. George Owen Nandy “the appellant” alleges to have purchased that parcel of land known as L.R No. Markebuni/Mambrui/40 “the suit premises” from Agricultural Finance Corporation “AFC” after the latter had advertised it for sale by public auction. AFC is a State Corporation established under the Agricultural Finance Corporation Act with the core function of assisting farmers and other entities engaged in agriculture or agricultural industries by advancing them loans with the aim of fostering agricultural development.
The suit premises having been sold and transferred to the appellant vide a transfer dated 29th January 2010, which showed that the transfer was in consideration of Kshs.1.8 million paid to AFC by the appellant, he was however unable to acquire physical possession of the same since Ruth Watiri Kibe “the respondent” was i…