JUDGMENT
According to the plaint filed in the resident magistrate’s court at Kiambu on August 10, 1976 by the plaintiff (respondent here), and amended on August 24, 1978, the plaintiff asserted that together with his two brothers, both referred to as Mwaniki Karauni, he was the registered proprietor of the land comprised in title number Nyathuna/Kabete/600, of which the defendants (appellants) had been in illegal occupation since first January, 1976.
The plaintiff denied being in illegal “occupation” of the land since January, 1976. The first defendant claimed that he had been in occupation since 1964 having bought the plaintiff’s “right and interest” therein from him; that the second and third defendants were lessees of a portion from the third defendant.
Two agreements of sale were produced to the trial court at Kiambu. The first dated December 28, 1969 stated that the plaintiff leased his land No 600 to the first defendant who had given him Kshs 2,364 of which sum someone named Mugera…