JUDGMENT OF THE COURT
This is an appeal from the ruling of the superior court (Juma, J) delivered on 12th July, 1999 in which the learned Judge dismissed the application for review by the appellant herein one Benjamin Kiiru Wanjau.
The dispute herein involved family land. The respondents, Samuel Nelson Mwangi Wanjau and James Gibson Mwangi Kamau as plaintiffs filed High Court Civil Case No. 5 of 1995 against the appellant (as the defendant) seeking judgment for:-
“(i) That there be a declaration that land parcel LOC/2/Kinyona/222 and LOC/2/Kinyona/140 are registered in the name of the defendant in trust for himself and both plaintiffs in equal shares.
(ii) On determination of trust the plaintiffs be registered in the parcel LOC/2/Kinyona/222 in equal shares.
(iii) Parcel NO. LOC/2/Kinyona/140 village plot registered in the name of defendant be registered in the plaintiffs names jointly
(iv) That parcel No. LOC/2/Kinyona/128 sold by the defendant be declared as his portion.
(v) Cost of the su…