JUDGMENT OF THE COURT
The appellant, Ruth Wangari Muigai, is aggrieved by the decision of the High Court (Ransley J.) dated 12th October, 2005 whereby the High Court entered judgment for the respondent, Edward Njuguna Mwangi, for a declaration that he had acquired, by adverse possession, title number Loc 16 Kimandi – Wanyaga/T.36 (“the suit land”) and further ordered that the respondent be registered as the absolute proprietor of the same.
The original owner of the suit land was Muigai Kanyua, the husband of the appellant who is now deceased. We shall refer to him hereafter as “the deceased.” Upon his demise, the appellant became the registered proprietor of the suit land on transmission after obtaining a Grant of Representation to his estate.
On 2nd July, 2002 the respondent filed an Originating Summons claiming to be entitled to the suit land by adverse possession. The basis of his claim is best explained in paragraphs 2, 3, 4, 5 and 7 of the affidavit in support of the originating su…