JUDGMENT OF THE COURT
[1] It is an understatement to say that this matter has had a checkered history not only for having been in the courts for 32 years, but also for having been a subject of two trials before the High Court and the Court of Appeal. This appeal emanates from an old suit that was filed some 32 years ago before the High Court in Nyeri. Joseis Wanjiru the plaintiff before the High Court, now the appellant (hereinafter referred as Wanjiru), filed suit against Ndegwa Kabui (hereinafter referred as Ndegwa), claiming that since 1960, she was living on a parcel of land known as Plot No 396 Warazo Settlement Scheme which was registered in the name of Ndegwa in trust for her.
[2] Wanjiru alleged that in breach of the understanding that Ndegwa would hold the title in trust, he refused or failed to transfer the plot and she sought for the following orders:
(a) A declaration that the defendant is the allottee of the piece or parcel of land known and referred to as plot No 386, Waraz…