JUDGMENT OF THE COURT
The appellants, Joseph Kuria Kihanya, Dominic Mburu Kihanya, Benson Kihanyan Ndungu, Paul Nganga Kihanya, James Kamau Kihanya have appealed against the judgment of the Environment & Land Court (ELC) rendered on 17th November 2017 by Okong’o, J. in Nairobi ELC No. 814 of 2000, Veronica Ngatha Gichuri & Another vs Joseph Kuria Kihanya & 4 Others. A summary of the dispute that triggered the said case culminating in the judgment the subject of this appeal is necessary so as to properly contextualize the issues urged in this appeal.
Briefly, John Ng’ang’a Gichuri and Veronica Ngatha Gichuri (the respondents herein) instituted the said suit against the appellants by a plaint filed in the ELC on 17th March 2000 which was subsequently amended on 13th June 2000 and 23rd November 2000. They averred that the appellants herein are sons of the late Gichuhi Mwaniki (deceased) who died in 1966, and that the deceased was also their father. They also averred that i…