JUDGMENT OF THE COURT
1. By his Originating Summons filed in the High Court of Kenya at Kerugoya, the appellant sought the following orders:-
- A declaration that the plaintiff (appellant) has acquired title by adverse possession to a portion of 0.30 Ha from L.R Baragwi/Thumaita/1067 situated within Kirinyaga District.
- The portion of 0.30 Ha be exercised from L.R Baragwi/Thumaita/1067 and be registered in the name of the plaintiff in place of the defendant (respondent).
2. The appellant is the respondent’s younger brother. It was the appellant’s case at the trial court that he had acquired title to a portion measuring 0.3 of a hectare of Title No. Baragwi/Thumaita/1067(the suit land) by way of adverse possession. He had been in occupation of the said portion since 1980; he had been in continuous and interrupted occupation of the portion for more than 18 years. The appellant testified that their mother, Rahab, also lived on the suit land. He stated that he had developed the said portion by…