JUDGMENT OF THE COURT
This is an appeal arising from the Judgment of the High Court, George Dulu, J, dated the 23rd day of February, 2012, dismissing the appellant’s originating summons (O.S).
The background to the appeal is that the appellant took out an O.S against the respondents, dated the 24th day of April, 2004, and subsequently amended on the 13th day of July, 2007, substantively seeking an order that the appellant be registered as the proprietor of one half undivided share of the respondents’ share in Land Reference number 1116 – South of Makindu Township in Kenya, registered at the Land Titles Registry at Nairobi as I.R 948/1 (the suit property). The originating summons was premised on section 38 of the Limitation of Actions Act (Chapter 22) Laws of Kenya “the Act” and on the grounds on its body and the supporting affidavit of the appellant, together with annextures thereto.
In summary, the appellant contended that he had been in open, continuous, peaceful, as of right, possessi…