EPHRAIM MBAE, SARAH KATHURE JOHN & WINFRED MAIGENE STEPHEN V. GILBERT KABEERE M'MBIJIWE, JOCET AUCTIONEERS & COUNTY COUNCIL OF MERU

JUDGMENT OF THE COURT

This is an appeal from the Ruling and Order of the High Court at Meru (Lenaola, J.) in Meru HCCC No. 15 of 2003 dated 23^rd October, 2007.

The appeal was filed on behalf of Ephraim Mbae, Sarah Kathure John and Winfred Maigene Stephen by the firm of the Charles Kariuki& Co. Advocates.

Before the Appeal could be heard, the 1^st appellant – Ephraim Mbae died and so his appeal has since abated and the same was marked as such under Rule 99(2) of this Court Rules.

The remaining appeal is therefore, by Sarah Kathure and Winfred Maigene Stephen who are the 2^nd and 3^rd appellants respectively.

In order to put the appeal in its proper perspective, it is necessary to recap abit of its history. The appellants herein were the plaintiffs before the High Court and the three defendants were the respondents.

There was a dispute as to the ownership of Plots Nkubu 57A, 57B and 59 at Nkubu market. It was alleged that the 1^st respondent who was claiming ownership and 2^nd respondent, a fi…