NGUGI KIUNA V. NELLY WANJIKU MWENJE, MARY WANJIKU MWENJE,MILKA WANJIRU MWENJE, ALICE WANGUI WAWERU & CHIEF LANDS REGISTRAR, NAIROBI

JUDGMENT OF THE COURT

1. This is an appeal from the ruling of Aganyanya, J. (as he then was), delivered on 23^rd October, 2007 in which the Court allowed an application by the 3^rd and 4^th respondents for dismissal of a suit (H.C.C.C. No. 986 of 2003 at Nairobi) that had been filed by the appellant on the ground that it was res judicata, on account of an earlier decision by Shields, J. in H.C.C.C. No. 2850 of 1980.

2. The 1^st, 2^nd and 3^rd respondents died before this appeal came up for hearing. The appellant did not apply for their substitution and therefore the appeal as against the deceased respondents abated in terms of rule 99(2) of the Court of Appeal Rules.

3. The brief background to the appeal is that one Kennedy Mburu Mwenje (deceased) and the appellant had been sued by one Benson Kamau Mwenje (a son of the 2^nd respondent, who is deceased) in H.C.C.C. No. 2850 of 1980 at Nairobi. The dispute was over a portion of a parcel of land then known as Muguga/Gitaru/278.

4. In the ruling tha…