JUDGMENT OF THE COURT
It is as well to begin right at the beginning in this matter because a sudden plunge into it at the appeal stage will make it very difficult to reach the end of it without floundering on the way.
The appeal is concerned with who now owns the lease of a 442 acre farm LR 62178 in Rongai in the Molo Division of the Nakuru District. It is 3 kilometres to the West of Nakuru town on the Nakuru Eldama Ravine Road but nearer Molo. It was sold by a European settler called Graham on June 1, 1965 for Kshs 11,250.00 to ten Wakikuyu farmers and businessmen called Mwangi Mbothu, Muiru Muchomba, Kihika Kimani, Mukora Njoroge, Gachira Waitimu, Mureithi Karomo, Mbugua Mugo, Karia Karogo, John Njoroge and Baiya Waithiru as tenants-in-common in equal shares. They charged it on October 10, 1965 to the AFC for a Kshs 50,000.00 loan
Mwangi Mbothu, Mbugua Mugo, John Njoroge, Gitau Mbiri, Simon Ngugi Ng’ang’a, Kagwe Mugo, Bedan Kungu and Sofia Wanjiku ( the plaintiffs ) farmers and busines…