JUDGMENT OF THE COURT
This appeal arises from the judgment and decree of the High Court, (S. Mukunya, J.) dated 27th July, 2016 allowing the respondent’s suit with costs. He decreed that the respondent be registered as the owner of land parcel No. Bungoma/Naitiri/506 comprising 2.02 Ha having acquired it by adverse possession from the appellant.
The respondent’s case in the High Court was that on 24th August, 1991 he entered into an agreement for sale with the appellant in which he bought 5 acres of land for a consideration of Kshs.160, 000. The parcel of land was to be hived out of Plot No. 103. The entire purchase price was duly paid. The appellant then subdivided plot No. 103 into Bungoma/Naitiri 505 comprising of 27 acres, Bungoma/Naitiri 506 comprising 5 acres hereinafter, “the suit land” and Bungoma/Naitiri/507 comprising 5 acres. The respondent averred that immediately after the purchase of the suit land he took possession of the same and built thereon a house, planted eucalyptus…