JUDGMENT OF THE COURT
On 11th May 2016 the Environment and Land Court at Malindi (Angote, J.) dismissed with costs an Originating Summons filed by the appellant, Taura Mtsanganyiko, claiming by adverse possession title to the parcel of land known as Plot Number 506/Roka/Uyomba in Kilifi County (the suit property). The suit property is registered in the name of the respondent, Julius Jumbae Mundu, since 18th October 1991. After hearing the evidence of the appellant and that of the respondent and his one witness and making a site visit, the learned judge was not persuaded that the appellant had been in open, continuous and uninterrupted occupation of the suit property for 12 years. Accordingly he dismissed the summons, which has aggrieved the appellant, leading to this appeal.
The appellant took out the summons on 22nd January 2013 and averred that he had been in open, continuous and uninterrupted occupation of the suit property, which measures in area 1.4 hectares, for over 12 years and …