RULING OF THE COURT
On the 7th June, 2001, the superior court, (Omwitsa, Commissioner of Assize) sitting in Embu made the following order in Civil Appeal No. 25 of 1999: “Appeal rejected”.That terse order provoked the appeal before us as it was a summary rejection of an intended appeal which was laid before the said Commissioner of Assize from the Provincial Appeals Committee at Nyeri, No. 135/99. The Appeals tribunal had dismissed an appeal from the decision of Gichugu Land Disputes Tribunal awarding a portion of two acres to the 1st respondent here from land parcel No. Baragwi/Kariru/128 which was registered in the name of the appellant.
The land dispute commenced before Gichugu Land Disputes Tribunal on 3rd February, 1999 when the respondents herein filed a complaint against the applicant claiming that he held land parcel Baragwi/Kariru/128 in trust for them. They wanted the Trust ended and their rightful share of the land given to them. The Tribunal agreed with them and gave 2 Acres…