PETER GITHINJI & NAHASHON MWANGI MBOGO V. JULIUS KIRUMA KARIUKI, KAMAU MWANGI & ATTRONEY GENERAL

JUDGMENT OF THE COURT

1. Before us is a first appeal against the judgment of the High Court (Makhandia, J. as he then was) dated 18^th June, 2009, wherein the 1^st appellant’s title over Loc. 8/Matharite/Kiaheho/698, was cancelled and reverted to the 1^st respondent.

2. By a Plaint filed in the High Court the 1^st respondent sought the following orders:-

A declaration that the plaintiff (1^st respondent) is the bona fide owner of all that parcel of land known as Loc. 8/Matharite/Kiaheho/181 as shown in the original survey of the plot and which parcel includes/compromise the parcel of land known as Loc. 8/Matharite/Kiaheho/698 and further that the purported sub-division/excision of the latter parcel from the former without the knowledge or consent of the plaintiff who is the owner thereof is unjust, illegal, null and void.

An injunction do issue restraining the 3^rd defendant (1^st appellant) whether by himself, successors or assigns or any one of them from disposing of, leasing, charging or deal…