RULING
1.This appeal arises from the decision of Ogola J delivered on 19th May, 2015 at the High Court of Kenya at Nairobi in Civil Application No. 479 of 2014, which was filed in High Court Civil Case No. 569 of 2009. A brief background of this matter is necessary to place this application in context. On 16th September, 2005 Evangelical Mission for Africa and Cindy Sanyu Okova (the respondents) and Kimani Gachuhi and Peter Mbuthia Gachuhi (the appellants) entered into an agreement for the sale and purchase of part of L.R Number 2951/84 for Ksh. 64 million. Subsequently, an agreement for novation was executed being the second agreement between the parties. On 4th June, 2007 the parties executed a variation agreement and also executed a license agreement allowing the respondents to occupy and use the land.
2.The purchase price was paid and the respondents took possession of the suit property as they waited for the sub-division and the rest of the conveyance processes to go through. In th…