JOSPHAT MWANIKI MWANGI
V.
ZACHARIA MWANIKI MWANGI & 2 OTHERS

JUDGMENT OF THE COURT

The undisputed facts of this appeal are that ZACHARIA MWANIKI MWANGI and JOSEPH KINYANJUI MWANGI the 1^st and 2^nd respondents respectively were the claimants in Kieni East Land Disputes Tribunal (the Tribunal) Claim No. 2 of 2010. The appellant herein, JOSPHAT MWANIKI MWANGI, was named as the respondent.

It is also not in dispute that the Tribunal found in favour of the respondents by an award delivered on 14^th June, 2010. On 10^th August 2010 the award was adopted as the judgment of the Court vide Nyeri CMCC No. 30 of 2010. The appellant was aggrieved by the award and obtained an order of stay on 23^rd November, 2010 pending an appeal with the then Provincial Land Disputes Appeals Committee (now defunct) (hereinafter the Appeals Committee) The stay orders were set aside by the trial magistrate (Aringo Esq.) following an application by the respondents vide a ruling dated 20^th March, 2015. It would appear that thereafter the appellant filed a memorandum of appeal dated…