JUDGMENT OF THE COURT
The appellant Leonola Nerima Karani moved to the seat of justice and presented Busia High Court HCCC No. 40 of 1997 (OS) dated the 1st day of August, 1997 and filed on the 16th day of September, 1997 against the Respondent William Wanyama Ndege, seeking entitlement by way of adverse possession of a portion of land measuring 0.3 Ha out of land parcel No. LR.Bunyala/Bukoma/433.
The respondent countered the appellants claim by filing of a replying affidavit deponed to by the respondent on the 26th day of May, 1999 and filed on 1st December, 1999 in which he denied the appellants claim and prayed for its dismissal.
Parties were heard, and in a Judgment delivered on the 4th day of August, 2006 J.K. Sergon J dismissed the originating summons. The appellant thereby became aggrieved by that dismissal order, and preferred the appeal subject of this Judgment. A total of four grounds of appeal have been put forward for consideration namely:-
“(1) The trial Judge erred in law an…