JUDGMENT
July 14, 1989, the following Judgment of the Court was delivered.
The subject matter of this appeal is a piece of land measuring some 76 x 76 paces in Koibarak sub-location in Nandi District. According to Mr Musa Simani (the appellant) he had bought the suit land from Shadrack Magotswe (the respondent) through the agency of his late father, Elisha Shiverenge, way back in 1967 at a consideration of Shs 6,500. It is common ground that the suit land was at all material times held under customary tenure. Elisha Shiverenge did not take possession of the piece agreed to be sold to him but following his death in 1969 the appellant without the consent of the respondent and without consulting him at all began to assert rights of ownership over the suit land first by erecting semi-permanent building on it in 1974 and then fencing it off with barbed wire. The appellant apparently claimed a larger piece than the respondent had originally agreed to sell to Elisha Shiverenge, the appellant’s…