<p class="ql-align-justify"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify">On 15th April 1986, the appellant Francis Gitonga Macharia, (the appellant), brought before the superior court at Nairobi, an Originating Summons under section 38 of the Limitation of Actions Act, claiming an interest in a parcel of land known as Kiine/Kibingoti/Nguguine/1029, by adverse possession. In the alternative he claimed a declaration that he was a beneficiary of the land. He named Muriru Waithaka, the respondent in this appeal, as the defendant. The Originating Summons was supported by an affidavit which was sworn by the appellant himself. To that affidavit was annexed an abstract of title to the aforesaid parcel of land which on a casual glance shows that the respondent was first registered as proprietor of the subject land on 16th December, 1974. The appellant deponed in his affidavit, inter alia that the aforesaid land was purchased and paid for by him but at his request and in agreement with the respondent he had it registered in the name of the latte…</p>