JUDGMENT OF THE COURT
This appeal is yet another sad illustration of how the quest for land in Kenya easily trumps family love and harmony. It pits the appellant, Stephen Wang?ang?a Njoroge against his two younger brothers, Stanley Ngugi Njoroge (1st respondent) and John Gathara Njoroge (2nd respondent). The 2nd respondent died on 10th December 2015 and was not substituted as provided by rule 99 (1) of the Court of Appeal Rules and therefore the appeal against him has abated. The subject of the protracted dispute in this appeal, which dates back to the 1980s is the parcel of land known as Kiambaa/Karuri/T 240, measuring a mere 100 by 100 feet (the suit property). The dispute has been before a panel of elders, and more than once, before the Senior Principal Magistrates Court, the Chief Magistrates Court, the High Court, and this Court.
The appellant is the registered owner of the suit property, of which his father and subsequently the respondents successfully claimed half share, contendi…