RULING
The motion before me is dated 29th December, 2010 and was taken out by Miriam Wangui Kimani and Sammy Maina Kimani (“the applicants”) both of whom describe themselves as the “administrators of the estate of Jesee Kimani Nyuku (deceased).” They were indeed issued with a temporary grant of Letters of Administration on 1st November, 2005 and they were subsequently sued on 14th February, 2006 by Marigi Gacheha Macharia, the respondent herein, who sought ownership, through adverse possession, of some 5.2 Hectares out of parcel No. Nyandarua/ Ol’ Kalau South/82, then registered in the name of the deceased. That suit, by way of Originating Summons, was determined by the High Court (Maraga J) on 25th September, 2008, who declared that the respondent herein was entitled to the portion of land he claimed and it ought to be excised from the main Title and transferred to him.
Although the applicants were dissatisfied by that decision and filed a notice of appeal through their counsel on reco…