JUDGMENT OF SHAH J.A.
Joseph Gachumi Kiritu the appellant seeks orders to reverse the judgment of the superior court (Shields, J.) whereby Shields, J, ordered that the respondent, Lawrence Munyambu Kabura, be registered as the proprietor of a parcel of land known as LIMURU/NGECHA/688 pursuant to provision in Section 38 of the Limitations of Actions Act (Cap.22, Laws of Kenya) The learned judge found that the respondent agreed to purchase the said land and entered the suit land on foot of the contract (agreement) to buy the suit land. The learned judge also found that possession of the suit land by the respondent became adverse by virtue of payment of purchase price by the respondent in possession. For this second finding the learned judge relied on the decision of the superior court (Simpson J. as he then was) in the case of HOSEA v. NJIRU and ANOTHER [1974] E.A. 526, which case decided (inter alia) that on payment of purchase price by a purchaser in occupation his occupation becomes a…