JUDGEMENT OF THE COURT
This is a first appeal arising from the Judgment of P. Nyamweya, J. dated the 30th day of January, 2014, dismissing the appellant’s claim for adverse possession.
The background to the appeal is that in 1985, the appellant acquired a piece of land known as L.R. No. 2019/10515, in Nairobi. It was adjoining the respondent’s piece of land known as L.R. No. 10341, with a wall erected by the respondent in 1962 separating the two parcels of land. The disputed portion measures 0.1249 hectares, and used by the appellant as a play ground and rubbish dump before the suit was filed. By virtue of such use, the appellant claimed to have been in the enjoyment of exclusive, continuous and uninterrupted possession from 1985, until the respondent served them with a letter dated the 23rd day of January, 2009, informing them that they had unlawfully encroached and trespassed upon the said suit portion.
The appellant was aggrieved, and filed an originating summons (OS) dated the 13th d…