JUDGMENT OF THE COURT
In a plaint filed on 16th March, 1988 at the High Court of Kenya at Nairobi being HCCC No. 1012 of 1998 Maria Wangari Muhia sued Kang’ethe Wahinya claiming that the latter had entered upon her land known as Plot No. 231 Mkungi Settlement Scheme in the then Nyandarua District and occupied 10 acres of the same. It was prayed that an injunction be issued to prevent acts of trespass and general damages be awarded for the said trespass. Kang’ethe Wahinya (he in the course of the proceedings also became “Julius” and is the 1st appellant here) delivered a defence where it was claimed that Maria Wangari Muhia’s Plot No. 231 was in Mkungi Settlement Scheme while the 1st appellant’s Plot was No. 214 and was situate in a different Scheme called Nandarasi Settlement Scheme. It was further claimed in the defence that if, indeed, the 1st appellant had occupied Maria’s land such occupation had been as of right and was open and continuous for a period of more than 12 years.
Events…