JUDGMENT OF THE COURT
1. The three appellants are the wife, son and daughter of Ramniklal Virpal Vrajpal Patani ('deceased') who died on 6th June, 2006. They will hereinafter be referred to as 'the Patanis'. Before us they were represented by learned counsel Mr. Gachie instructed by M/s Gachie Mwanza and Company Advocates. The 1st respondent, Dhirajlal Virpal Patani ('Dhiraj') is a brother to the deceased and the husband to the 2nd respondent, ('Vijya'). They were represented before us by Mr. Wandago instructed by M/s Okong'o and Wandago Advocates; while MissChristine Githii instructed by M/s Kiarie kariuki Gathii and Company Advocates, represented the 3rd respondent ('ADL').
2. The dispute between the parties relates to the original LR. No. 1/167 situate on Lenana Road in Nairobi which was sub-divided into LR. No. 1/681 and 1/682 measuring approximately 0.48 Acres and 0.419 Acres, respectively, (disputed property). A bungalow was developed on the former while three maisonettes were dev…