JUDGMENT OF THE COURT
By Originating Summons taken out under the provisions of section 38 of the Limitation of Actions Act Cap 22 of the Laws of Kenya as read with Order XXXVI rule 3D of the Civil Procedure Rules, the plaintiff now the respondent in this appeal, claimed a declaration that he has become entitled by adverse possession to be registered as sole proprietor of all that piece or parcel of land known as Mutira/Kianjege/195, the suit land, in place of the presently registered owners, the defendants and now the appellants in this appeal.
There is no dispute to the facts giving rise to the suit. They are as follows. The first appellant, then a minor, was registered as the proprietor of the suit land sometimes in 1959. That was a first registration. In 1961, his father entered into a sale agreement with the respondent whereby the latter agreed to buy and the former to sell the suit land at an agreed consideration. The respondent took possession of the suit land pending requisite co…