JOSEPH KAROBIA GICHERU V. MICHAEL GACHOKI GICHERU

JUDGMENT OF THE COURT

The dispute between JOSEPH KAROBIA GICHERU (the Appellant) and MICHAEL GACHOKI GICHERU (the Respondent) who are blood brothers relates to a piece of land known as Parcel No. INOI/THAITA/160 situated in Kirinyaga District and measuring about 5 acres. The land is registered in the name of the appellant but the respondent lays claim to a portion of it on the basis that the same belonged to the parties’ deceased father prior to its demarcation and that the appellant holds it in trust for both of them. This claim the appellant has resolutely refuted and resisted.

Unable to procure the appellant’s voluntary sub-division of the land so as to have it shared between them, the respondent approached the Kirinyaga Central Division Land Disputes Tribunal. That Tribunal after hearing the parties and their

witnesses found in the respondent’s favour and ruled as follows on 21^st March 1998;

“From the proceedings and the above factors we noted that Michael Gicheru [the respondent] has…