JUDGMENT
Kneller JA. This is a second appeal and one from a decision of the High Court (Cockar J) at Nyeri of July 10, 1979 who dismissed with costs the first appeal of M’Kiriara M’Mukanya (M’Mukanya) and Sebastiano Nyamu (Nyamu) from a judgment of January 25, 1979 of the then Senior Resident Magistrate at Meru in favour of Gilbert Kabeere M’Mbijiwe (M’Mbijiwe).
The memorandum of appeal filed on May 16, 1980 by M’Mukanya and Nyamu’s first advocates had just one (prolix) ground:
“The learned judge erred in law failing to appreciate and in misdirecting himself on the legal ingredients of the tort of trespass and in particular erred in law in upholding the trial magistrate on the finding that the appellants were trespassers when in law the appellants were not and could not have been trespassers.”
The litigation between the parties began in the middle of November 1972 when M’Mbijiwe filed a plaint claiming an eviction order against M’Mukanya and Nyamu from Plot 58 Nkubu Market, Meru and compe…