JUDGMENT
JUDGEMENT OF KIAGE, JA
Gatatha Farmers, the respondent, filed a plaint in the High Court at Kitale against Otieno Okiro, the appellant and 2 others, the claims against whom were later withdrawn. The respondent posited itself as the absolute owner of parcels of land known as LR No’s 5709, 5710/2, 5711/6137 and 8190 situated at Endebess and measuring 1800 acres or thereabouts. It purchased the said parcels from Endebess Estate Limited (Endebess Limited) sometime in 1977. Guy William D’Olier (Guy) was the director and principal shareholder of Endebess Limited at the time. Subsequently, the respondent took possession of the parcels of land in or about October, 1977.
The respondent averred that the late Okiro Okoyo (the deceased), the father to the appellant, was an employee of Endebess Limited. By virtue of his employment he was allowed to occupy 6 acres out of LR. No. 5710/2 (the suit property) for use during his lifetime. The respondent was informed of this arrangement and did not…