JUDGMENT OF THE COURT
[1] By an Originating Summons dated 22nd September 2009 filed in the High Court, the appellant Francis S. Kakai sought determination of questions that may be paraphrased as follows:
Whether the appellant had been in open continuous, peaceful, exclusive and adverse possession of the whole parcel of land comprised in Title No. NDIVISI/NDIVISI/988 (herein suit property); whether the appellant is entitled to be registered as proprietor of the suit property in accordance with the provisions of sections 7, 17 and 38 of the Limitation of Actions Act, Cap 22 of the Laws of Kenya; whether the respondent Nandabel Wa Kapuru Fred should be ordered to transfer the suit property to the appellant; whether in default of the respondent executing the relevant documents to vest the suit property in the appellant’s names, the executive officer or any other duly appointed officer of the court should do so on his behalf; whether the respondent’s title in the suit property has been extin…