JUDGMENT OF THE COURT
This appeal is a challenge by Elijah Opar (Opar) against the decision of the Environment and Land Court (ELC) (Ongondo, J.) by which his title to some 2.2 hectares of land reference No. West Kasipul/Kodera Karabach/255 of which he was the registered owner had been extinguished and that the respondent Tobias Odhiambo Abach (Abach) had acquired the same by prescription and was to be registered as owner thereof.
That judgment was the culmination of a suit initially commenced by way of an originating summons at the High Court at Kisii by Abach, before it was transferred to the ELC, by which he prayed for orders;
“2. THAT this Honourable Court be pleased to declare that the plaintiff/applicant has the rights of possession, prescription and occupation of the whole of that land measuring approximately 2.2 Ha. within land reference Number West Kasipul/Kodera Karabach/255.
3. THAT the Honourable Court be pleased to declare that the plaintiff/applicant is entitled to an order …