JUDGMENT
MADAN JA The appellant was the plaintiff in a suit which he filed in the High Court on 15th February, 1977 originally against the second respondent as the sole defendant. The first defendant was joined under order of court made on 28th February, 1980. The defendants are father and son respectively.
The plaintiff’s case against the defendants was that he was the registered proprietor of a parcel of land known as Kiganjo/Nembu/177 and his neighbour the first defendant was the registered owner of the adjacent parcel of land known as Kiganjo/Nembu/183, and the two parcels shared a common boundary and/or growing hedge and are subject to the provisions of the registered Land Act, Cap 300 (the Act). The two defendants had
“set upon the plaintiff ‘s land and alienated the same by changing and/or altering the common boundary and/or growing hedge between the two land parcels from its original position and took away some of the plaintiff’s land measuring 46171 square feet or thereabouts ma…