<p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">We have before us an appeal from an order made by Aganyanya, J at Kakamega on October 30. The judge’s order is in these terms:</p><p class="ql-align-justify">“By consent the defendant to sub-divide land number North Wanga/Mayoni/276 and to give one portion therefore measuring 30 acres to the first plaintiff and the second plaintiff. The parties to make arrangements for the district surveyor to visit the said land and do the necessary demarcations. No order as to costs.”</p><p class="ql-align-justify">According to the record of the proceedings of the date, the plaintiffs were present and the defendant was represented by Mr Owinyi.</p><p class="ql-align-justify">The four grounds of appeal in the joint memorandum of appeal taken together really amount to a contention that the appellants did not consent to the order, the subject matter of this appeal.</p><p class="ql-align-justify">It should be remembered that the plaintiffs sued the respondent as defendant claiming that their deceased fathers and the defendant, a paternal uncle of the plaintiffs, held the material parcel of land measuring 243 acres in com…</p>