ROBERT KIBAGENDI OTACHI
V.
MARIA ROSITA CARDOZO (SUING THROUGH HER APPOINTED AGENT MASAI MARA SOPA LODGE LIMITED & ANOTHER

JUDGMENT OF THE COURT

1. In a judgment delivered on 31^st August 2017 in ELC No. 75 of 2008, the Environment and Land Court (L. Gacheru, J.) declared the transfer of the property known as Title Number Nairobi/Block90/235 to the appellant as null and void; ordered the appellant to deliver the Certificate of Lease in respect thereof to the 2^nd respondent for cancellation; and ordered that the title to the property should revert to the original and rightful owner, Maria Rosita Cardozo, on whose behalf the suit was instituted. The court also awarded the costs of the suit to the 1^st respondent. Aggrieved, the appellant lodged the present appeal.

2. The facts are that until 8^th April 1997, the property known as Title Number Nairobi/Block90/235 (the property) was registered in the names of Victor Anthony Cardozo and Maria Rosita Cardozo. They held a Certificate of Lease over the property given by the Land Registrar, Nairobi District Registry on 29^th April 1986 under which they were registered a…