KEZIAH STELLA PYMAN, MARK GRIFFITHS PYMAN & REENA PYMAN V. PAUL MWOLOLO MUTEVU , ESTHER WANJIRU CHEGE , FRANCIS M. NDAMBUKI , FRANCIS KIHUMBA GITAHI, ANTHONY MUKARU KAMAU , DAVID NAMASAKA, DINA NAFULA NAMASAKA,DANIEL MUTISYA NDOLO & JAPHETH WEKESA MANALI

JUDGMENT OF THE COURT

1. In a ruling delivered on 18^th October 2012, the High Court at Kitale (J. R. Karanja, J.) declared that the appellants’ right over 8 acres portion of LR NO. 3036/5 was extinguished by adverse possession upon expiry of 12 years the respondents remained in exclusive and uninterrupted possession of their respective portions; that upon the expiry of the 12 years the appellants held the land in trust for the respondents; that the respondents be registered as owners of the respective portions exclusively held by them; and that the appellants do execute all documents to facilitate the registration of the transfers in favour of the respondents and in default the Deputy Registrar of the Court to do so.

2. Aggrieved by that decision, the appellants lodged the present appeal. In his written and oral submissions before this Court, Mr. J. Chebii, learned counsel for the appellants, basing his arguments on the appellants’ memorandum of appeal submitted that Josephine v. N. Pym…