LUCY WANJIRU KIRUHI, DAVID MWANGI GRACE GUCECA, BETH WAIRIMU KAHIU, JAMES NJOROGE NJAU, CECILIA NDURUKA & RICHARD GICHINI NJOROGE V. AND LILIAN WAIRIMU NGATHO & ELIZABETH MURUNGARU NJOROGE

JUDGMENT OF THE COURT

1. The appeal arises from the ruling of Nyamweya, J. dated 31st January 2014 in HCCC No. 745 of 2001 (O.S). The ruling was in respect of an application by the appellants and 15 other persons, (all referred to as the appellants), who are all purchasers of various parcels of land, being sub-divisions of LR No. 5964/1 “the suit property.”

2. The appellants made applications to be joined as defendants to the suit that had been filed by the respondents. At the time of making the application the suit had been heard and a judgment delivered by Ojwang, J. (as he then was) on 30th July 2010. The appellants further sought a review of the said judgment and setting it aside so that the suit would be heard de novo.

3. The appellants stated that they were innocent and bona fide purchasers of various subdivisions of the suit property that was previously owned by Moki Savings Co-operative Society Limited (the first defendant in the High Court suit) and other third parties; that the…