RULING OF THE COURT
1. This is an appeal from the ruling of the High Court (Lenaola, J) dated 14th October, 2008 dismissing the appellant's application dated 30th November, 2006.
2. The genesis of the matter giving rise to the appeal is as follows; the appellants and the 4th respondent share a common ancestry in one Umba who originally occupied the suit property in dispute. In land case No. 21 of 1976 the elders determined that the suit property be divided equally between the parties. The decision was confirmed by the Resident Magistrate, Machakos (Hon N N Njagi) in a ruling dated 9th October, 1992 who ordered for enforcement thereof. Previously, the learned Magistrate had allowed an application by the appellants to have the disputed land surveyed and demarcated by the 1st respondent but the dispute was however not resolved. As a result, on 17th November, 2003 the 1st respondent commenced the hearing of the objections made by the 4th respondent with regard to parcels Nos 988, …