JUDGMENT OF THE COURT
The parties herein who are cousins and are third generation occupants of some ancestral land in Nyeri that is subject to this appeal. The said ancestral land which was known as LR No. AGUTHI/GATITU/38 (original land) was purchased by one Sheikh Mwanzi (Sheikh) from one Ndirangu Wang’ombe (Ndirangu). Sheikh was an Imam who migrated to Kenya to teach Islam. He together with his wife, Zainabu Mwanzi (Zainabu) and their 3 children, namely; Asha Binti Mwanzi (Asha), Fatuma Binti Mwanzi (Fatuma) and Mahmoud Sheikh Mwanzi (Mahmoud) settled on the original land.
The appellant is the only son of Fatuma, who is deceased and the respondents are the children of Mahmoud, who is also deceased.
According to the 1st respondent, the original land was registered by Sheikh in the name of Fatuma as he was an immigrant and as such could not be registered as a land owner. The said registration in favour of Fatuma was for her benefit and that of her siblings, being Mahmoud and Asha. Prior…