JUDGMENT OF THE COURT
This appeal raises only one question, whether the respondents are entitled to be registered as proprietors of the suit land, parcel No.148/V/MN (in Changamwe, Mombasa) measuring 13.5 acres, by prescription. The property is famously known as Owino Uhuru. The 224 respondents and their families, were sued by the appellant, who sought in the Environment and Lands Court, Mombasa, their eviction, claiming they had trespassed on the property. The respondents in their defence and counter-claim, denied the claim insisting that the appellant had a defective title; and that they had instituted an originating summons (HCCC No.510 of 2010 (0.S) against the immediate former registered owner, Sleek Properties Limited which summons was determined in their favour. In the suit the subject of this appeal, they counter-claimed that they had acquired the suit land by adverse possession by virtue of an interlocutory judgment in HCCC No.51 of 2010 (OS) and so they asked the trial court …