MAINGI MBINZU & 314 OTHERS V. COUNTY COUNCIL OF KITUI & SOUTH EASTERN UNIVERSITY COLLEGE

JUDGMENT OF THE COURT

The 315 appellants were residents of three villages in Yatta Division of the then Kitui District – Ndangani, Kikunguuni and Kamosi of Mikuyuni Sub-Location, Kwa-Vonza Location. According to them a parcel of land known as L.R. No. 13629 situate within Kwa-Vonza Location was trust land and was vested in the then County Council of Kitui to hold in trust for the appellants. They decided to assert this right - that they were the rightful owners of that parcel of land. They approached a law firm, Messrs Kinyua Musyoki and Company Advocates and instructed it to move to court. That led to the filing of a plaint at the High Court of Kenya, Machakos, where the appellants, as plaintiffs, sued the 1^st and 2^nd respondents (respectively County Council of Kitui and South Eastern University College) where, in addition to the above, it was stated that the 1^st respondent had set apart the said parcel of land measuring about 10,000 acres for use by Ukamba Agricultural Institute for …