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JUDGMENT
This is an appeal arising from the judgment of Njoroge, J delivered on 27th June, 2018. A brief background to the appeal is that Simon Rutere Nyaga and Emilio Nyaga Nguu, (the respondents herein) filed a plaint dated 19th April, 2017. In the plaint, the respondents alleged that Phares Mutegi Nyaga, (the appellant herein) had forcefully evicted them from their parcels of land namely, Karingani/Mugirirwa/3685 and Karingani/Mugirirwa/3687. They averred that the allocation to them of these parcels of land was in pursuant to the orders made in succession Cause No. 550 of 2011 in respect of the estate of Runyenje Mbuchi (the deceased).
The appellant (the then defendant) filed a statement of defence and a counter-claim dated 9th September, 2021 in which he averred that he has been in occupation of the suit land; that he is in possession of title No. Karingani/Mugirirwa/503 (in the name of the deceased) that gave rise to the purported subdivisions of Karingani/Mugirirwa/3685 and 3687. …