JUDGMENT OF THE COURT
Introduction
1. This appeal relates to an old land dispute which commenced about 40 years ago! For reasons that will become apparent shortly, we shall not delve into minute analysis of the facts and the law in the appeal. The appellant is Njeru Njau (Njeru) who was represented before us by learned counsel Mr. P. N. Mugo, while the 1st Respondent, Mburia Kugereka (Mburia) appeared in person. The two are the main protagonists in the dispute but the respondents 2, 3, and 4 were joined in as interested parties and we shall henceforth refer to them as such. They were represented before us by learned counsel Mr. Ramadhan Abubakar, from the firm of M/s Magee Wa Magee and Co Advocates.
2. The appeal arises from the decision of the High Court (Okwengu J) (as she then was) sitting in Embu, made on 12th August 2011, declaring the suit filed by Njeru as incompetent on account of existence of an unchallenged judgment of Embu Senior Resident Magistrate (SRM) which was recorded on…