WAKAHIHIA & 4 OTHERS V. THIONGO

GACHUHI Ag JA

The appellants have appealed to this court against the ruling of the High Court (J S Patel Ag J) in dismissing the application for review. The appellants were respondents in an originating summons filed by the respondent in this appeal (Mwangi Thiongo) requiring the respondents to the summons to transfer four acres from a parcel of land Mahiga/kihome/9, which was held in trust for the applicant by the respondents.

The appellants were registered as proprietors of the said piece of land on succession to the title Mahiga/Kihome/95 in place of their father who died on August 10, 1974. It was in 1979, when Succession Case No 3 of 1979 was instituted at Othaya by the land registrar Nyeri under section 120 of the Registered Land Act (Cap 300)to determine the heirs. The appellants were cited as the claimants while the applicant/respondent was cited as the objector. After the hearing the district magistrate appointed the appellants as heirs and determined their respective shares as…