JUDGMENT OF THE COURT
1. This is an appeal from the judgment and decree of the High Court of Kenya at Busia (Kibunja, J) given on 22nd July 2015 in which the court dismissed the appellant’s suit against the respondents. In the suit, the appellant sought orders for cancellation and nullification of transfer of the property known as Title Number Bukhayo/Bugengi/1533 from the name of his deceased mother to the respondents on grounds that his father who purportedly transferred the property did not have capacity to do so.
Background
2. The appellant, Nova Ogoti Rongai, is the son of James Masaki Rongai and Hellen Kwamboka Rongai, deceased, who died on 31st July 1988. The deceased was registered as proprietor of the property known as Title Number Bukhayo/Bugengi/1533 measuring 0.27 hectares approximately (the property). In May 1987, during the deceased’s lifetime, the property was charged to National Bank of Kenya Ltd, Kisii (the Bank) to secure a facility of Kshs.100, 000.00. According to the…