<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify">[1] This is an appeal against the judgment of Sergon, J. delivered on 27^th May, 2011 in <em>Nyeri H.C.C.C. No. 38 of 2003</em>. In that judgment the following orders were made:</p><p><em>The 1</em><em>^st</em><em> defendant and his agents, servants or anybody claiming right through the 1</em><em>^st</em><em> defendant are restrained from entering, cultivating, digging, building, alienating, selling, charging, licensing or otherwise dealing with the Land Parcel No.Chinga/Gikigie/800, until the determination of this suit.</em></p><p><em>A declaration that the Land Parcel No. Chinga/Gikigie/800, was illegally and fraudulently transferred to the 1</em><em>^st</em><em> defendant’s name and that its rightful owner is the said Josiah Gichau Gatwiki (deceased).</em></p><p><em>An order is issued directing the 2</em><em>^nd</em><em> and 3</em><em>^rd</em><em> defendants herein to rectify official records on Chinga/Gikigie/800, to cancel the title deed issued to the 1</em><em>^st</em><em> defendant and to issue a new title for Chinga/Gikigie/800, in the name of the plaintiff.</em></p><p><em>Costs of the suit is awarded to the plaintiff. </em></p><p class="ql-align-justify">[2] Evanson Wamb…</p>