JUDGMENT
A dispute arose between the parties in this matter, over the ownership of land parcel known as Machakos Municipality Block 1/59 (the suit property). The respondents, (who were the plaintiffs at the trial), filed the suit in the Environment and Land Court at Machakos vide an Originating Summons dated 16th February, 2019 and amended on 30th July, 2014, claiming that they were the beneficial owners of Land Title. They also sought a declaration that the loan given on the security of the suit property in favour of IDB Capital Limited was unauthorized, and therefore illegal, and also orders directing the appellant, Kenya National Union of Teachers to transfer the suit property to the respondent’s nominee namely United Retired Teachers Company, and for the District Land Registrar, Machakos, to cancel the registration of the charge dated 1st December, 2008, in favour of IDB Capital Ltd.
The trial court upon conclusion of the matter held that the respondents were the beneficial owners o…