<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify">1. The original suit, H.C.C.C. No. 39 of 1989, Nyeri, was filed by Mwangi Maina (appellant), on 16^th March, 1989, against Mwangi Magu (respondent).The original suit was amended and stated the appellant&#x27;s claim was for a declaration that by virtue of adverse possession, he had become the owner of the parcel of land known as Loc 19/RWATHA/217. The appellant alleged that he entered into a sale agreement with the respondent in 1970, for the sale of the suit premises measuring 1 1⁄2 acres for a sum of Kshs. 90,000/= out of which he paid a sum of Ksh. 87,700/= and took possession and planted his own crops. The agreement was reduced in writing on 25^th July, 1988.</p><p class="ql-align-justify">2. The respondent filed a defence denying the appellant&#x27;s claim in general and specifically that he ever entered into a written agreement nor was he paid a sum of Ksh. 87,000/=. As is the practice in most of the land disputes the parties were involved in interlocutory applications seeking for interim orders of in…</p>