JUDGMENT OF THE COURT
A. INTRODUCTION
[1] At the heart of this appeal is a protracted dispute over the ownership, occupation, and usage rights of a parcel of land known as Nyandarua/Olkalau Central/1088 (the ‘suit property’) between two families, the appellant’s and the 1st respondent’s which has been litigated at all court levels.
B. FACTUAL BACKGROUND
[2] The genesis of this dispute can be traced to a sale agreement dated 12th June 1986 between the appellant’s father, John Kamau Njuguna, who was the purchaser, and Joseph Mwangi Ndagwatha, the seller. In exchange, the former gave out his parcel of land known as Nyandarua/Kiambaga/1440 in addition to a further consideration of Kshs. 13,000/-. Following this agreement, the appellant’s father immediately took possession of the suit property and built a permanent residential house. It, however, turned out that the suit property had been registered in the name of the wife of the seller,the late Ludia Wachuka Ndagwatha, and that upon her d…