JUDGMENT OF THE COURT
Introduction
1. At the centre of this dispute is a property in Umoja I Estate, Nairobi, registered as L.R. NBI/UMOJA/BLOCK 109/268/346 (“the suit property”), on which stands a residential house known as House No. D84.
The appellant’s contention is that he lawfully purchased the suit property from Njuguna Njoroge, the 1st respondent’s husband, sometimes in 1992. However, the 1st respondent asserted that the said sale was fraudulent and successfully challenged it in court, then together with her husband sold the suit property to the 2nd respondent. The trial court found in favour of the respondents, thus giving rise to this appeal.
The respondents’ case before the High Court
2. The 1st respondent stated in her plaint that sometimes in 1977, together with her husband, they entered into a tenant purchase scheme with the City Council of Nairobi in respect of the suit property, which was registered in her husband’s name; that in 1992 she discovered that her husband had sold…