JUDGMENT OF THE COURT
1. The original suit, H.C.C.C. No. 39 of 1989, Nyeri, was filed by Mwangi Maina (appellant), on 16th March, 1989, against Mwangi Magu (respondent).The original suit was amended and stated the appellant's claim was for a declaration that by virtue of adverse possession, he had become the owner of the parcel of land known as Loc 19/RWATHA/217. The appellant alleged that he entered into a sale agreement with the respondent in 1970, for the sale of the suit premises measuring 1 1⁄2 acres for a sum of Kshs. 90,000/= out of which he paid a sum of Ksh. 87,700/= and took possession and planted his own crops. The agreement was reduced in writing on 25th July, 1988.
2. The respondent filed a defence denying the appellant's claim in general and specifically that he ever entered into a written agreement nor was he paid a sum of Ksh. 87,000/=. As is the practice in most of the land disputes the parties were involved in interlocutory applications seeking for interim orders of in…