JUDGMENT OF THE COURT
This appeal concerns a dispute over the ownership, registration and management of a property known as, Plot No. Kakamega Town Block 1/81 (the disputed premises) comprising a property upon which a commercial building was constructed, which the respondents contend belonged to the Kakamega Teachers Housing Committee Group (the Group), as the original contributors for the purchase and construction of the building through contributions from their salaries.
According to the respondents and other members on whose behalf the suit was filed, following the construction of the building, the disputed premises was registered in the name the 2nd appellant. It was contended that sometime in 1988, 1989 and 1994 it was resolved that the disputed premises be handed over to the first teacher contributors of the Group, who were to manage it for the benefit of all the older teacher contributors.
They further stated that the appellants were to effect the transfer, and hand over the dispu…