JUDGMENT OF THE COURT
The subject-matter of this appeal is a piece or parcel of land now known as plot No. LIMURU/KAMIRITHU/1967 and I will henceforth in this judgment refer to the same as "the suit land". The suit land was originally part of a larger plot known as LIMURU/KAMIRITHU/598 having an area of approximately 0.45 of an acre. Plot No.598 was owned by Joshua Matejwa, William Wakahare, Leonard Michuki and Leah Wairimu as tenants-in-common, in equal shares. Matejwa's portion had a building on it from which he was trading. Next to Leonard Michuki's portion, there was the portion of William Wakahare on which portion one Francis Kairu Njau carried on some business. Leonard Michuki's and Leah Wairimu's portions had no buildings thereon.
On 14th September, 1995 Stephen Ndungu Njenga (the respondent) filed a suit in the superior court, by way of an Originating Summons, under Order 36 rule 3D of the Civil Procedure Rules claiming a declaration that he had become entitled, by way of advers…