JUDGMENT
The appellants, Arthur Mathitu Nderitu and Joseph Wachira Nderitu, who are the administrators of the Estate of Stanley Nderitu Ngari (deceased), are aggrieved by the judgment and decree of the High Court of Kenya at Nairobi (Mwera, J as he then was) dated 2nd March 2012 which dismissed with costs a suit by the deceased for a declaration that he was the owner of the parcels of land known as Nyandarua/South Kinangop/3273 and Nyandarua/South Kinangop 3274 (the suit properties), an order for rectification of the register to reflect that ownership, award of general damages, interest, and costs. The suit in the High Court started way back in 1998 when the deceased filed a plaint claiming the suit properties.
The deceased pleaded that, in November 1963, the Commissioner of Lands allotted him Plot No. 434, measuring 38 acres, in South Kinangop Settlement Scheme. He took out a loan from the 1st respondent, the Settlement Fund Trustee, purchased the plot, took possession and started deve…