JUDGMENT OF THE COURT
This is an appeal from the judgment and decree of the superior court (Ongundi J) dated 26th March, 1996 dismissing the appellant’s claim to land title No. Bungoma/Kamukuywa/298 by adverse possession.
By an originating summons dated 11th April, 1988, the Estate of DISMAS MATAFARI SITUMA and the appellant – JOSEPH MATAFARI SITUMA sought orders that:
“1. The said Joseph Matafari Situma be declared entitled by adverse possession of twelve years to all that piece of land or parcel of land containing 11.4 hectares or thereabout registered in the land Title Registry as L.R. No. BUNGOMA/KAMUKUYWA/298 situated at Bungoma.
2. The said Joseph Matafari Situma be registered as the sole proprietor absolutely of the said piece or parcel of land in addition to his half share in place of the Settlement Fund Trustees who hold the same parcel of land on behalf of the defendant”.
The originating summons was supported by a short affidavit of the appellant in which he deposed, among other …