JUDGMENT OF THE COURT
1. On 27th May, 2016 this Court delivered its judgment in Civil Appeal No. 96 of 2015 between Hassan Musambayi Mbaruku and Nashon Aseka. The appeal arose from the judgment of Chitembewe, J. in H.C.C.C. No. 123 of 1998 at Kakamega. The dispute related to sale of a parcel of land known as ISUKHA/SHIRERE/3245 (“the suit land”).
2. The applicant (the appellant in the said appeal) alleged that although he had agreed to sell the suit land to the respondent, before the respondent had paid the entire purchase price he fraudulently caused the suit land to be registered in his name. He urged the High Court to order cancellation of the title to the suit land so that it reverts to him.
3. The High Court, in dismissing the applicant’s suit, established that the applicant had received from the respondent, the full purchase price, Kshs.160,000/=. The applicant preferred an appeal to this Court. The appeal was however dismissed. One of the grounds of appeal was that Chitembwe, J. h…