JUDGMENT OF THE COURT
[1] This is an appeal from the judgment and decree of the Environment and Land Court (ELC) (Sila Munyao, J.) dismissing the appellant’s suit for a claim of four acres from land parcel Uasin Gishu Illula Settlement Scheme 1567/90 by adverse possession.
[2] By an originating summons (OS) dated 6th February, 2006 and brought under section 38 of the Limitation of Actions Act and order XXXVI Rule 7 of Civil Procedure Rules (now order 38 rule 7 of Civil Procedure Rules, 2010), the appellant asked the High Court to determine issues, inter alia, whether he was entitled to four acres in land parcel Uasin Gishu Illula Settlement Scheme 1567/90 by adverse possession. The originating summons was supported by a verifying affidavit of the appellant which merely stated that the averments in the originating summons were true.
The suit was registered as High Court Eldoret Case No. 14 of 2006 (O.S.) but it was later transferred to ELC and re-registered as ELC Land Case No. 232 of 201…