JUDGMENT OF THE COURT
This is an appeal from the ruling of the superior court (Khamoni, J.) delivered on 17th June, 2004 in which the learned judge dismissed the appellants’ notice of motion dated 22nd November, 2002.
In 1996, the appellants filed a plaint in the superior court being H.C.C.C. NO. 299 of 1996 (the suit) seeking eviction of the respondent from the land parcel No. Gatarakwa/Gatarakwa/Block 1/213 (the suit land) on the grounds that they, and not the respondent, were the joint registered proprietors of the suit land. They averred in the plaint that the respondent had been unlawfully trespassing on the suit land by cultivating the same, without their consent, and claimed damages from him.
The respondent, in a written statement of defence, denied those allegations and claimed that he was the true owner of the suit land, having purchased shares from Gatarakwa Farmers Co. Ltd., which eventually issued him with the title documents. He averred further that he had been in occupation…