JOSEPHAT WAWERU MIANO & JAMLECK WAWERU MIANO V. SAMUEL MWANGI MIANO & DOUGLAS KARIUKI MIANO

JUDGMENT OF THE COURT

By an Originating Summons wrongly expressed to have been taken out under Order XXVI Rules 1 and 7 , instead of Order XXXVI rule 3D, of the Civil Procedure Rules and dated 13th May, 1987 the respondents inter alia sought orders of the superior court that the ownership of land parcel NO. KIINE/KIBINGOTI/NGUGUINI/492 vests jointly in them by virtue of their having been in adverse possession of the same for over a period of 12 years and that on account of this the appellants be required to transfer the said parcel of land to them. When the Summons came up for hearing on 23rd October, 1990, by consent of parties, all matters in dispute in the said Summons were referred to arbitration under the Chairmanship of the District Officer, Ndia Division of the Kirinyaga District with each of the disputing parties being required to nominate two elders who were to assist the District Officer in the deliberation of all the issues in question whereafter an award was to be filed in …