JUDGMENT OF THE COURT
1. This is an appeal from the ruling and order of the High Court (Gacheche, J.) given on 13th June 2006 in Eldoret High Court Civil Appeal No. 43 of 1996. In that ruling, the High Court struck out the appellants’ appeal from a decision of a Principal Magistrate refusing to review and set aside judgment granted by the Senior Principal Magistrate in favour of the respondent against the appellants on 10th April 1995.
Background
2. In November 1988, the respondent commenced suit in the Magistrate’s Court at Eldoret (RMCC No. 803 of 1988) seeking an order to evict the appellants from the property known as Title Number Irong/Kapsoiyo/11 and general damages for loss of use of 7 acres of that land. The respondent averred that he is the registered owner of that property comprising 58 acres and that the appellants had encroached upon it, occupied it and erected a building on it and started cultivating it without the consent of the respondent.
3. In their defence and countercla…