EVANSON WAMBUGU GACHUGI
V.
SIMON WAINAINA GATWIKI & 2 ORS

JUDGMENT OF THE COURT

[1] This is an appeal against the judgment of Sergon, J. delivered on 27^th May, 2011 in Nyeri H.C.C.C. No. 38 of 2003. In that judgment the following orders were made:

The 1^st defendant and his agents, servants or anybody claiming right through the 1^st defendant are restrained from entering, cultivating, digging, building, alienating, selling, charging, licensing or otherwise dealing with the Land Parcel No.Chinga/Gikigie/800, until the determination of this suit.

A declaration that the Land Parcel No. Chinga/Gikigie/800, was illegally and fraudulently transferred to the 1^st defendant’s name and that its rightful owner is the said Josiah Gichau Gatwiki (deceased).

An order is issued directing the 2^nd and 3^rd defendants herein to rectify official records on Chinga/Gikigie/800, to cancel the title deed issued to the 1^st defendant and to issue a new title for Chinga/Gikigie/800, in the name of the plaintiff.

Costs of the suit is awarded to the plaintiff.

[2] Evanson Wamb…