JUDGMENT OF THE COURT
1. The dispute herein relates to a piece of land in Umoja Estate Nairobi known as Nairobi/Umoja Block 107/1/CU/999 (hereinafter the disputed plot). Before 1988, it was held by the Nairobi City Council (NCC) as the head lessee and it was one of several units in Umoja Inner Core earmarked for a World Bank-funded housing project to assist city residents. A toilet and one room were constructed on each unit and, through a process of balloting the units were allotted to various applicants who would complete the development on the plot and repay a small loan of Sh. 75,000 by monthly installments of Sh. 730.
2. The disputed plot was balloted for and allocated to the 2nd respondent herein, Phylis Wanjiru Thairu (Phylis) on 16th September, 1988. It would appear that Phylis soon ran into difficulties in repaying the loan, judging by demand notices served on her by NCC in May 1989, and wanted to sell and transfer her interest in the plot. At that time she was working with M/S …