The Appellants sued the Respondent at the Bunda Ward Tribunal for land which they alleged was their family property. Their mother remained on the said farm and was actually buried on the same disputed land. The two sometimes later, went away leaving the said land in the care of their uncle (baba mdogo). While still away their young brother one Boniface Nyangi sold the disputed land for 65,000/= to the Respondent. The Appellants were aggrieved by the decision of both the Ward and District Land and House Tribunals, and appealed to the High Court. The grounds of appeal were that the trial court erred by holding that the Respondent was the lawful owner of the suit plot while ignoring that the land was bought without the consent of other members of the family. That, the appellate tribunal erred in law and fact by relying on the decision of the ward tribunal which was very biased.

