<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The two appellants are aggrieved by the judgment and decree of the superior court at Meru (Kasanga Mulwa, J.) in Meru <em>High Court Civil Case No. 216 of 2001</em> (2001 suit) dated 23^rd January, 2003 whereby the superior court dismissed the appellants’ suit against the respondent. In the dismissed suit, the appellants’ had sought a declaration, <em>inter alia</em>, to the effect that by virtue of <em>section 4 (4)</em> of the Limitation of Actions Act, the respondent could not take any action including execution in respect of the decree/judgment in Meru Senior Resident Magistrate’s court <em>Civil Suit No. 115 of 1979</em> (the 1979 suit).</p><p>The 1979 suit was filed by the respondent herein Gilbert Kabeere M’Mbijiwe, a former Minister in the Government, on 17^th November, 1972 against M’Ikiara M’Rinkanya (1^st appellant) and Sebastiano Nyamu (2^nd appellant) for eviction of the respondents from plot No. 58 Nkubu market, Meru, allegedly allocated to the respondent by Meru Country Council in 1967. The appe…</p>