JUDGMENT OF THE COURT
Nearly fifty years ago, on 19th November 1968, a group of enterprising citizens keen on investing in that precious commodity, land, incorporated a Company known as Lorien Ranching Company Limited, (the Company).
Its main purpose or object was to purchase a farm from the departing white settlers and settle its members thereon as one of the new-found benefits of Independence. To that end, they bought some two parcels of land L.R No. 10025/2 and 2495,-situated within the expansive and eye-pleasing Rumuruti Division of Laikipia District, from David and Pamela Partridge. The sale transaction concluded in the year 1970 and the Company’s 613 members were allocated their respective portions of the sprawling 9,700 -acre property (the Farm) on which they settled.
During those early days the Company’s secretary was one William Arap Birgen (Birgen). According to the statement of claim filed by the Company before the High Court at Nyeri, Birgen failed, refused and neglected to p…