JUDGMENT
By an amended plaint dated 1st August, 2012, Nicodemus Ireri Arthur Mairani, the then plaintiff and the respondent herein filed suit at the Chief Magistrates’ Court, Embu. In the plaint, the respondent averred that he together with George Kathande Thomas (the father of the plaintiff, now deceased) were co-owners of two houses on plot No. 22, Manyatta Market; that the respondent contributed much more than the deceased; that on 30th July, 1999, the matter was referred to Manyatta Market Welfare Committee, which determined that Kshs 299, 327.00 was due and owing to the respondent; that the parties thereto agreed in writing to reimbursement of the said amount by the deceased. His prayer was for judgment for:
“(a) A sum of Kshs 299,327.00 plus interest at 22% p.a from 1st August, 1999 till payment in full in the alternative the plot be shared 20x80 feet for plaintiff and 14x80 for defendants.”
In a joint amended statement of defence and counter-claim dated 29th August, 2012, the appe…