WARARI GITHENGI,SAMUEL WARARI GITHENGI,NDEGWA GITHENGI,KAMAU GITHENGI & JOHANA KIMANI V. WAITHAKA KAMAU ALIAS WAITHAKA KIRAU

JUDGMENT OF THE COURT

This is an appeal by the five appellants, the plaintiffs in the suit before the superior court, against the decision of Rauf J. given on 30th March, 1987, by which the learned Judge dismissed with costs a suit instituted by the appellants in the superior court against the respondent, the defendant in the suit.

In the Originating Summons taken out on 29th January, 1987, the appellants who are brothers and sons of the late Githegi Warari who died on 5th June, 1976, sought a declaration against the respondent that he is a trespasser upon 8.46 acres of land being a portion of the parcel of land known as Ngenda\Nyamangara\550, hereinafter referred to as "the suit land".

The suit land was registered in the name of the appellants' deceased father on 20th January, 1958. It abuts on and is adjacent to the respondent's land known as Ngenda\Nyamangara\431, hereinafter referred to as plot No. 431. Its registration was also effected but in the respondent's name on 20th January, …