JUDGMENT OF THE COURT
By an order of this Court made on 31st October, 2007, Civil Appeal No. 343 of 2002 and 345 of 2002 were consolidated for hearing together. By a further order made on 12th May, 2008, one KABITAU KANJA was joined in both appeals as the second respondent. The appeals arose from the decision of the superior court (Juma, J.) made on 27th February, 2002 in HCCC NO. 56 of 1985.
The dispute revolves around a freehold parcel of land measuring approximately 2.63 hectares (or 6.4 Acres) situate in Ndia Division of Kirinyanga District otherwise known as MWERUA/KIANDAI/321 (Plot 321). It is common ground that the said parcel of land was lawfully owned and was registered in the name of one GITUNGU KABIRU alias JAPHET GITUNGU KABIRU (“the late Kabiru”) who died in the year 1970. It is also common ground that the late Kabiru had a daughter who survived him and her name was Priscilla Nyawira Gitungu (Priscilla). Priscilla was the only child and she resided with the late Kabiru on t…