JUDGMENT OF THE COURT
1. There were two substantive issues of law that were framed for determination by the trial judge in the Environment and Land Court (ELC) at Nyeri in ELC Case No. 211 of 2013. They were: -
“(1) Whether the claim for adverse possession can subsist against the estate of a deceased person; and
(2) If the answer to (1) above is in the affirmative, whether a claim for adverse possession can subsist against a person not sued as an administrator or trustee of the estate of a deceased person.”
2. The trial court (L. N. Waithaka, J.) answered the first issue in the affirmative. On the second issue, the learned judge delivered herself as hereunder-
“35. With regard to the 2nd issue, I hold the view that to sustain a claim for adverse possession against the estate of a deceased person, the respondent must be sued in their capacity as an administrator of the estate of the deceased or there must be a claim that the respondent holds the title to the suit property in trust for the a…