JUDGMENT OF THE COURT
In a judgment (erroneously labeled as a ruling)delivered on 8th June 2012, the High Court (A. Mshila, J.) decreed that the respondent had acquired the property known as Title Number Nandi/Kaptich/357 (the property) by adverse possession and is entitled to be registered as proprietor thereof; that the appellant’s title thereto was extinguished and that the title to the property be issued to the respondent.
Aggrieved by that decision, the appellant contends that the learned Judge was wrong in upholding the respondent’s claim for adverse possession despite evidence that possession had in fact been interrupted on account of various legal proceedings; and that the impugned judgment was in any case delivered in the absence of the appellant and without notice to him, thereby vitiating the same.
The facts
To a large extent the facts are not in dispute. The appellant’s father Mayenya Irodanga was initially the registered owner of the property. After his death, his wife Erica …