JUDGMENT OF THE COURT
The suit property is Land Parcel No. Nyaki/Thuura/131. The property is divided by an access road into two parts - the lower part and the upper part. Since 1954, the appellant has lived on the upper part, while the respondent lived on the lower part. During this time, the property was community or clan land. The respondent died on 14th January, 1996 and was buried on the lower part of the property. His two wives were also buried on the lower part of the suit property. Upon the death of the respondent, an order was made by the High Court (Etyang J.) on 13th March,1997 that Mr. Mwongera M’Makinya substitutes the deceased in the suit.
On 22nd March, 1973, the suit property comprising both the lower and upper parts was registered in the name of the appellant as a first registration under the repealed Registered Lands Act, Cap 300 of the Laws of Kenya. The respondent does not know how the appellant came to be the registered proprietor of the suit property encompassing bo…