JUDGMENT
A. Introduction
1.Before this court is an appeal challenging the Judgment of the Court of Appeal (Visram, Karanja & Otieno-Odek, JJA) in Civil Appeals No 43 and 48 of 2017 (consolidated) which decision set aside the orders of certiorari and prohibition issued by the High Court (Odunga J) in Miscellaneous Application No 78 of 2016.
B. Background
2.Sometime in the year 1991, the appellant entered into a conveyancing transaction with the 2nd and 3rd respondents through Soy Development Ltd (SDL), for the sale of a parcel of land known as LR No 209/11151 (the suit property) for a total consideration of Kshs 20 Million. The suit property which is situate in Nairobi’s Upperhill Area was registered in the name of SDL, the 1st respondent herein. Pursuant to the sale agreement, the appellant paid a deposit of Kshs 10 Million via a Bankers Cheque No NA/AE 219907 drawn from Barclays Bank of Kenya. Upon payment of the aforesaid sum, the original company registration documents of the 1st respo…