JUDGMENT OF THE COURT
In the suit commenced in the superior court by Originating Summons under the provisions of S.38 of the Limitation Act, Cap 22 Laws of Kenya, and O.36 rule 3D of the Civil Procedure Rules, the appellant, Harrison Ngige Kaara, claimed to have become entitled by adverse possession to a parcel of land known as No. Inoi/Kaitheri/259, and prayed for, inter alia, an order that he be registered as the proprietor thereof. Gichobi Kaara and Shadrack Njanja Kaara, who are brothers, but step-brothers of the appellant, were named as the defendants. The appellant's claim was dismissed with costs principally because that Court (Ole Keiwua J.) did not think that on the facts and circumstances of the case adverse possession could arise; in the court's view because the appellant was the son of the predecessor in title of the suit property and, therefore his dependant. Additionally, that if adverse possession could and did arise then time was interrupted by a consent order in a succ…