JUDGMENT OF THE COURT
The appellants, Joseph Mosonik and Taplule Mosonik were dissatisfied with the judgment of the Environment and Land Court (Munyao Sila, J.) delivered on 1st July, 2016 hence the current appeal.
Briefly, the genesis of this appeal is a family dispute over land parcel No. KERICHO/KAITIT/371 (also variously referred to as KERICHO/KAITET/371) (the suit land) measuring 8.69 hectares. The appellants alleged that they jointly purchased the suit land with the respondent, Kipkemoi Mosonik and the same was registered in the name of the respondent to hold in trust for the appellants (the 1st appellant and the respondent are brothers whilst the 2nd appellant is their mother), primarily because their mother, the 2nd appellant, did not have a National Identity Card. According to the 1st appellant, he together with the 2nd respondent, contributed Kshs. 1,500.00 and Kshs. 2,600.00 respectively to aid the purchase while the respondent contributed Kshs.1,900.00. The appellants furthe…