IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Law, Miller JJA and Simpson Ag JA )
CIVIL APPEAL NO. 16 OF 1981
BETWEEN
ISHMAEL ITHONGO....................................................................................APPELLANT
AND
GEOFFREY ITHONGO THINDIU,.............................................................RESPONDENT
JUDGMENT
This is an appeal from the judgment in the High court (Nairobi) Civil Case No 1031 of 1977 (per Scriven J) dated July 31, 1979.
The appellant Ishmael Ithongo made an application to the court on June 12, 1977 for an order that he be registered as the proprietor of the whole of Land Parcel Kabete/Kibichiko 190 under the provisions of the Limitation of Actions Act (Cap 22), hereinafter referred to as the Act. His grounds for the application which was dismissed were that:
1. He has been openly peacefully and as of right in possession of the said parcel of land since 1957.
2. He has since then been cultivating the land and exercising all rights of ownership.
3. And in the pr…