JUDGMENT OF THE COURT
[1] This is an appeal from the judgment of the Environment and Land Court (ELC), (Mukunya, J.) dismissing the appellant’s suit to recover land title No. Ndivisi/Muchi/2111 (suit land) from the respondent.
[2] The appellant is the father of the respondent. Sometime in August, 2010, the appellant filed a suit by way of originating summons (O.S) under Order XXXVI Rule 3A and 7 of the Civil Procedure Rules (now Order 37 Civil Procedure Rules, 2010) to recover the suit land from the respondent.
The appellant stated in the O.S that he has been in continuous and peaceful occupation of the suit land for a period exceeding 12 years; that the title to the suit land is registered in the name of the respondent in trust for the appellant and the family; that the respondent’s title to the suit land had been extinguished by adverse possession of the appellant. The appellant sought orders that the trust has been abused and should now determine and that, in the alternative, the resp…