JUDGMENT OF THE COURT
This appeal emanates from the ruling of the High Court at Meru (Lenaola, J.) dated 3rd July, 2007 in which the learned Judge summarily rejected the appeal filed by the appellant.
The brief facts of this appeal are that the appellant herein erected a commercial building on his property described as Maua Township/4. The portion of land in front of the commercial building served as a parking area and provided for the sewerage drainage as well as the entrance to the appellant's commercial building. The appellant learnt sometime in 1998 that the 3rd respondent had surveyed and allocated the land in front of his commercial building, which had since started being described as plot No. 79 Maua Township (suit land) to the 1st and 2nd respondents. He was apprehensive that the 1st and 2nd respondents would erect a building on the suit land which would have adverse effects on the sewage system and would also block his commercial building rendering it commercially unviable. Sub…