JUDGMENT OF THE COURT
This is an appeal against the Ruling and Order of the superior court (Nambuye J.) made on 2nd April, 2001 wherein the superior court reviewed some orders made by Aganyanya J in the judgment dated 30th November, 1989.
On 3rd June, 1996, Nyakinyua Mugumo Tree Women Society (the society), the appellant herein, filed a suit against Nyakinyua Mugumo Tree Company Limited (the company), the respondent herein, for inter alia, a declaration that the society is entitled to possession and ownership of two parcels of land, namely, L.R. No. 1803 and L.R. No. 7393 situated in Trans – Nzoia District and an order that the company do surrender the title documents to the society. The society averred in the plaint, among other things, that, although the society bought the two parcels of land in 1978, the company was incorporated in 1980 without the knowledge and consent of the society after which the company trespassed on the two parcels of land.
The company pleaded in the defence, i…