REPUBLIC ,MUIA MAINGA (DECEASED) ,NZEKI MAINGA, JAPHETH NGUNDU, GEOFREY &MWOLOLO; SOMBO V. LAND ADJUDICATION OFFICER ,IKALYONI ADJUDICATION ,MAKUENI LANDS & SETTLEMENT OFFICERS & MBEVI MWANZAU MATOLO

RULING OF THE COURT

Background

1. This is an appeal from the ruling of the High Court (Lenaola, J) dated 14^th October, 2008 dismissing the appellant's application dated 30^th November, 2006.

2. The genesis of the matter giving rise to the appeal is as follows; the appellants and the 4^th 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 9^th 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 1^st respondent but the dispute was however not resolved. As a result, on 17^th November, 2003 the 1^st respondent commenced the hearing of the objections made by the 4^th respondent with regard to parcels Nos 988, …