JUDGEMENT OF THE COURT
The appellant is aggrieved by the ruling and order of the High Court, Kaburu Bauni J, dated 29th September, 2005 cancelling the subdivision of title number Manga Settlement Scheme/55 (hereinafter the “subject title”) into title numbers Manga Settlement Scheme/714 to 719 and restoring the original title number Manga Settlement Scheme/55 and then ordering fresh sub-division of the restored title into four (4) equal portions to be registered in the names of Andrew Ontiti Obwoge, Ezekiel John Makori, Joshua Nyakeriga Obwoge the respondents and the estate of Hezron Nyabwari Obwoge. Hezron Nyambari Obwoge was the father of the appellant and brother of the respondents and the four brothers were the sons of Teresia Nyamorabu (Teresa) who was originally the registered proprietor of the subject title.
It would appear that Teresa died intestate and Hezron Nyabwari Obwoge, the father of the appellant, applied for and obtained a Grant of Representation to her estate. The recor…