JUDGMENT OF THE COURT
In this long and protracted dispute, with a genesis in an earlier suit, the appellant, Nyachiro Siriba, claims that Onchwari Mogaka, the 1st respondent (Onchwari) is holding 6 acres comprised in Title No. Nyamira/Nyankono/55 in trust for him, which trust should be terminated and the 6 acres transferred to him forthwith.
By an amended plaint dated 10th November 2004, the appellant claimed that he was a fully paid up member of the Abanchani Farmers Co. Limited, a land buying company (the Company). That sometime in 1996, he paid Kshs. 10,000/- towards his contribution of the share capital in the Company thus rendering him one of the 32 shareholders. It was his understanding that the share in the Company would entitle him to 23 acres portion of the said Title No Nyamira/Nyankono/55.
It was his case that sometimes in 1969, Gori Kibondori, (Gori), his brother, the 2nd respondent and Onchwari entered upon his portion of the Company land, and that subsequently in collusion …