JUDGEMENT OF THE COURT
This is an appeal from the judgement of Musinga, J (as he then was) delivered on 25th February, 2010 in the original HCCC No. 297 of 2002 at Kisii. The appellant Peterson Mokaya Abuta was the plaintiff while the respondent Peris Moraa Nyaata was the defendant. The suit involved a parcel of land known as Land Reference No. East Kitutu / Mwamang'era/1928 measuring 0.092 hectare (the suit land) situated in Keroka area. The plaint was amended twice culminating in the one filed in court on 30th June 2003 where the plaintiff made various averments such as that the plaintiff leased the suit land to the defendant at an agreed annual rental; that the plaintiff sold two unrelated parcels of land to the defendant; that the plaintiff discovered that the defendant had fraudulently caused herself to be registered as the proprietor of the suit land; that the suit land was agricultural land where transactions were controlled transactions within the meaning of the Land Control Ac…