JUDGMENT OF AKIWUMI, J.A.
The respondent had in a suit filed in the superior court by way of an originating summons, claimed to have acquired the suit land, LIMURU/NGECHA/688, through being in adverse possession of it against the appellant for over twelve years from an undisclosed date in 1974, to July, 1988, when the suit was filed. The respondent sought consequential orders that the original owner of the suit land, the appellant, do execute a transfer of the suit land to him failing which, such a transfer be executed by an authorized officer of the court. In the respondent's affidavit in support of the originating summons, he deponed that he had bought the suit land from the appellant in 1974, and had already paid the agreed purchase price of 14,000/=. He had also since 1974, up to the filing of his suit, been in continuous uninterrupted occupation of the suit land which he had extensively developed and had thus, acquired a prescriptive right over the suit land by virtue of s.38 of …