JUDGMENT
The subject matter of this appeal is a freehold parcel of agricultural land of an area of approximately 1.25 hectares (4.1 acres) known as Loc. 12/ Sub.Loc.1.636 in Kangima Division of Muranga District of the Central Province.
There were two actions commenced in the High Court concerning the suit land which were consolidated for hearing. In High Court Civil Case No 1056 of 1976 the appellant as plaintiff filed a plaint against the first and second respondents claiming a declaration that he is the absolute owner of the suit land, an order for eviction of the defendants and an injunction restraining further acts of trespass, mesne profits, general damages for trespass and loss of profits and costs.
In High Court Civil Case No 1058 of 1976 all three respondents as plaintiffs claimed against the appellant as defendant that they were each entitled severally to a portion of the land, either by reason of an agreement between all the parties followed by the joint purchase of the land an…