JUDGMENT OF THE COURT
INTRODUCTION
1. This is an appeal from the judgment of Okong’o, J. where the learned judge dismissed the appellant’s claim for a parcel of land that was based on the doctrine of adverse possession. The appellant, being aggrieved by that decision, has preferred an appeal to this Court. This being the first appeal, this Court is bound to revisit the evidence on record, evaluate it and reach its own conclusion. The Court however appreciates that an appellate court will not ordinarily interfere with findings of fact by the trial court unless they are based on no evidence at all, or on a misapprehension of it, or the court is shown demonstrably to have acted on wrong principles in reaching the findings. See Mwanasokoni v. Kenya Bus Services Limited (1982-88) 1 KAR 278.
THE APPELLANT’S CLAIM BEFORE THE TRIAL COURT
2. On 23rd February, 2012 the appellant filed an originating summons in the High Court of Kenya at Kisii seeking the following reliefs:
“(i) a declaration that th…