RULING
1.Forty-four years on, and the legal battle still rages despite the legitimate expectation that litigation comes to an end sooner. However, the matters in controversy in this appeal have continued to defy the much-cherished principle of expeditious determination of claims. I make this observation in the hope that the parties hereto will for once address the core issues in controversy to the ends of final determination. Indeed, those who pursue justice find good reason in quickening their steps to that end and avoid the tragedy of relaying disputes generation after generation as the case has been here.
2.Following Gichuhi Kimira’s death on 14th October 2008, the appellant (Julius Gichuki Gichuhi) took out letters of administration Ad Litem to his estate for the purpose of defending High Court Civil Case No. 880 of 1977 – Samuel Ngunu Kimotho (the 1st plaintiff therein) and Maaka Mukuhi Mugweru by substitution and personal representative of the estate of Simon Mugweru Wathirwa (the…