JUDGMENT OF THE COURT
[1] This appeal arises from a Judgement given by the Environment and Land Court (ELC) in favour of Richard Wanyonyi Sitati, who is the respondent herein. In the said Judgement, the trial Judge (Anne Omolo J), arrived at the conclusion that the respondent lawfully purchased KIMILILI/KIMILILI/1322 (hereinafter referred to as the suit property), and was therefore the rightful owner; and that Peter Gicharu Njiriri, who is the appellant, and who was residing on the suit property, is a trespasser.
[2] The suit in the ELC was initiated by the appellant who was formerly the registered owner of the suit property, as well as another property known as KIMILILI/KIMILILI/1200. For ease of reference we shall hereinafter refer to KIMILILI/KIMILILI/1200 as the first property. The appellant accused the respondent of fraudulently transferring the suit property to himself, instead of the first property as agreed in an agreement of sale dated 22nd September 1992, (hereinafter referred…