JUDGMENT OF THE COURT
1. On 4th July 2005 the respondent filed an originating summons (OS) at the High Court at Bungoma and claimed against the appellant title to six acres portion (the suit land) of the piece of land known as Title No. East Bukusu/North Nalondo/79 (the main title). In his affidavit in support of that OS, the respondent averred that he bought the suit land for Kshs.4,800/= from the appellant’s late father, Silvano Wepukhulu Kuranda (the deceased), on 29th January 1976, took possession and he has since been living with his family on it.
2. In his replying affidavit, the appellant denied that the respondent bought any piece of land from his late father and prayed for the dismissal of the respondent’s Originating Summons.
3. The respondent’s case was heard by Wanjiru Karanja, J. (as she then was) and Muchelule, J. When the defence came up for hearing before Omollo, J. on 20th June, 2013, the parties agreed to proceed with the hearing of the case from where it had reached. A…