JUDGMENT OF THE COURT
The 315 appellants were residents of three villages in Yatta Division of the then Kitui District – Ndangani, Kikunguuni and Kamosi of Mikuyuni Sub-Location, Kwa-Vonza Location. According to them a parcel of land known as L.R. No. 13629 situate within Kwa-Vonza Location was trust land and was vested in the then County Council of Kitui to hold in trust for the appellants. They decided to assert this right - that they were the rightful owners of that parcel of land. They approached a law firm, Messrs Kinyua Musyoki and Company Advocates and instructed it to move to court. That led to the filing of a plaint at the High Court of Kenya, Machakos, where the appellants, as plaintiffs, sued the 1st and 2nd respondents (respectively County Council of Kitui and South Eastern University College) where, in addition to the above, it was stated that the 1st respondent had set apart the said parcel of land measuring about 10,000 acres for use by Ukamba Agricultural Institute for …