CHARLES MUGANE NJONJO & ANOTHER
V.
GUCOKANIRIA KIHATO TRADERS AND FARMERS COMPANY LIMITED & ANOTHER

JUDGMENT OF THE COURT

1. This is an appeal against the decision of the trial court declining to strike out a plaint filed by the 1^st respondent, GUCOKANIRIA KIHATO TRADERS AND FARMERS COMPANY LIMITED, against the 1^st and 2^nd appellants, CHARLES MUGANE NJONJO and SOLIO RANCH LIMITED respectively, in a dispute relating to title and ownership of LR. No. 11571 situated in Laikipia District otherwise known as Solio Ranch, and hereinafter referred to as the suit property.

2. The 2^nd appellant, Solio Ranch Limited, is the registered proprietor of the suit property and its Certificate of Title was issued on 26^th November 1965 under the provisions of the then Registration of Titles Act, Cap 281 of the Laws of Kenya.

3. In the plaint, the 1^st respondent, a land buying company contends that the suit property was allocated to its members by the late President Jomo Kenyatta on 10^th March 1973; that the suit property as at 10^th March 1973 was unalienated government land; that on 14^th March 1973, the 1^…