JUDGMENT OF THE COURT
This is an appeal by the unsuccessful defendant, hereinafter referred to as "the appellant" from a judgment of the High Court of Kenya (Nambuye J) at Nakuru in H.C.C.C NO. 240 OF 1990.
The respondent (as the plaintiff) filed a suit by way of plaint in the High Court of Kenya at Nakuru seeking judgment against the appellant in the following terms:
"a)A declaration that the plaintiff is entitled to onehalf share of the 51 acres portion of L.R. No. 422/14 and 10455 situated in Bahati held by the Defendant and that the Defendant is trustee thereof to the Plaintiff.
b)An order that the Defendant do subdivide the said piece of land and transfer to the plaintiff one-half portion thereof.
c)Alternatively, and without prejudice to the foregoing an order that the Defendant do refund to the Plaintiff the sum of Shs.9,750/= aforesaid together with interest thereon at bank rates from 5th August, 1971 to the date of payment.
d)In the event of (c) above, general damages for breach of…