JUDGMENT
October 18, 1988, Platt JA (Dissenting) delivered the following Judgment.
The plaintiff/appellant lost his suit in the High Court and he now appeals. It was not a straight-forward case. Originally his claim to parcel No Ndeiya/Makutano/76 was based on this land having been registered in the name of the plaintiff’s father Kiruga Kimani. The plaintiff pleaded that his father had died in 1957 while the plaintiff was in detention, and that on the death of his father the first defendant, his brother, Mugecha Kiruga, registered the land in his own name by fraud. Then the plaintiff took possession in 1958 and having been there ever since, he claimed that he had been in adverse possession for a period exceeding 12 years at the time of filing the suit, in September 1973. Then in the year 1971 Mugecha again fraudulently and without the knowledge of the plaintiff, sold and transferred the land to the second defendant George Karogo Njoroge.
Indeed at the time the suit was filed, George was …