ISMAEL BUSOLO WATUKO (SUING AS THE ADMINISTRATOR AND LEGAL REPRESENTATIVE OF THE ESTATE OF RAMADHAN WANYONYI BUSOLO) V. EMMANUEL WEKESA BUSOLO (SUED AS ADMINISTRATOR AND LEGAL REPRESENTATIVE OF THE ESTATE OF JOSEPH BUSOLO) & 3 ORS

JUDGMENT

1. The appellant (Ramadhan Wanyonyi Busolo) had filed an Amended Originating Summons in Bungoma (OS) ELC. No.154 of 2013 as the administrator and Legal Representative of the estate of Ramadhan Wanyonyi Busolo (his late father), against the four respondents, based on adverse possession. His prayer was for the court to decide whether he had been in open, peaceful and continuous occupation on part of land parcel No. East Bukusu/South Kanduyi, for 12 years, and thus entitled to be registered as the owner. He sought for the determination of the following issues;

   (1)Whether or not he had been in occupation of land parcel originally known as East Bukusu/South Kanduyi/3877 and now known as East Bukusu/South Kanduyi/11421, 11422, 11423, 11424 and 11425; openly, continuously, exclusively and peacefully for a period of over 12 years.

   (2)Whether or not the respondents’ title over the said parcels of land had been extinguished by operation of the law.

   (3)Whether he should be registered as the pr…