JUDGMENT OF THE COURT
The suit the subject matter of this appeal was commenced by the filing of an originating summons by the appellant, MASIAYA OLE OLOIJE (the then plaintiff/applicant) on 8th July 2004. The originating summons was made pursuant to the then O.XXXVI Rule 3(d) and (f) of the Civil Procedure Rules, Section 38 (1) and
(4) of the Limitations of Actions Act and Section 143 of the Registered Land Act (repealed). In the originating summons the appellant sought
“............ the determination of the following questions:
1. Whether or not the Plaintiff is entitled to parcel of land known as Kajiado/Meto/1021 by way of allocation and adverse possession.
2. Whether or not the 3rd Defendant should be ordered by this Court to execute a transfer of parcel of land known as Kajiado/Meto/1021 and in default the Deputy Registrar to execute the transfer in favour of the plaintiff and or rectify the record by entering the Plaintiff’s name in place of the 1st Defendant’s name in the said titl…