JOHN OMONDI NALLO (THE ADMINISTRATOR OF THE ESTATE OF THE LATE JARED NALLO OTIENO)
V.
FRANCIS ALIARO MAPESA

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment of the High Court (G.B.M. Kariuki, J (as he then was) declaring the respondents herein as owners of twenty acres (20) of land from land title No. S. Wanga/Eshikalame/1072 (suit land) registered in the name of Jared Nallo by virtue of adverse possession and ordering a transfer of the said portion to the respondents.

[2] By an originating summons (O.S) dated 8^th September, 1999, and brought mainly under sections 37 and 38 of the Limitation of Actions Act and section 28 and 30 (f) of the Registered Land Act (now repealed) the respondents claimed against Jared Nallo (deceased) that they were entitled to twenty acres from the suit land by adverse possession.

[3] The originating summons was supported by the affidavits of the 1^st and 2^nd respondents respectively. The 1^st respondent deponed in the supporting affidavit, amongst other things, that, in 1961, his father Wamboka Nambaka sold a portion of two acres to the appellant from the…