JUDGMENT OF THE COURT
This appeal concerns a dispute over the contested ownership, of properties known as Land Reference number Trans-Nzoia/ 6657 and 10832 (the suit land) which both the appellant and the respondent claim to have purchased from a private owner, one Andres Johannes Olsen (Olsen).
In an amended Petition dated 19th March 2013, supported by an affidavit sworn by Michael Francis Chemonges Kitiyo, the respondent’s Vice Chairman, the respondent stated that it entered into a sale agreement on 28th August 1973 with Olsen to purchase the suit land. That on 28th December 1973, the respondent paid a sum of Kshs. 400,000/- to Olsen, and applied to the Trans-Nzoia Land Control Board for consent to transfer the suit land. The application was approved by a Board meeting held on 16th January 1974 vide minute number ex-87/73, and on 17th January 1974, a Letter of Consent was issued. Whilst this transaction as ongoing, for reasons that were not stated, Olsen entered into another sale agre…