In this judgment, the Plaintiff/Respondent is referred to as “the Respondent” and the 1st Defendant/Appellant is referred to as “the Appellant”. The 2nd Defendant will continue to be referred to as 2nd Defendant.
According to the statement of claim that accompanied the writ of summons in this suit, the Respondent purchased the disputed land together with the structures thereon from the 2nd Defendant some time in 2007. The structures on the land at the time of the purchase were a 3-room sandcrete building and a 3-room wooden structure. The Respondent says that before he purchased the property, he did due diligence in respect of it and satisfied himself that the land belonged to the 2nd Defendant, that it had been plotted in his name, and that there was no adverse claim in respect of it.
The Respondent also says after the purchase, he took possession of the property and started re-developing the same. He removed the wooden structure and also demolished part of the sandcrete str…