JUDGMENT OF THE COURT
In this second appeal, the appellants NTIKA MUNORU and JACOB MEME IKELENYA have challenged the judgment of Isaac Lenaola J, dated 30thOctober 2007 in Meru HCCA No. 157 of 2001. They have asked this Court to set aside the said judgment and to reinstate the judgment of the subordinate court dated 19th July 2001. The appeal is premised on the following grounds:-
(1) The learned trial Judge erred in law in failing to appreciate the provisions of Cap 284 and particularly Sections 2 and 30 as pertains to the interests to land under adjudication area.
(2) The learned trial Judge erred in law in not finding that there was no prima facie case with probability of success yet the records in the adjudication office showed that the appellants were entered as holding interests capable of being registered and there was no legal challenge to the same by the respondent.
(3) The learned trial Judge erred in law in not finding that the appellants were entitled to protect their interest…