<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. There were two substantive issues of law that were framed for determination by the trial judge in the Environment and Land Court (ELC) at Nyeri in <em>ELC Case No. 211 of 2013</em>. They were: -</p><p class="ql-align-justify"><em>“(1)</em> <em>Whether the claim for adverse possession can subsist against the estate of a deceased person; and</em></p><p class="ql-align-justify"><em>(2) If the answer to (1) above is in the affirmative, whether a claim for adverse possession can subsist against a person not sued as an administrator or trustee of the estate of a deceased person.”</em></p><p class="ql-align-justify">2. The trial court <em>(L. N. Waithaka, J</em>.<em>)</em> answered the first issue in the affirmative. On the second issue, the learned judge delivered herself as hereunder-</p><p class="ql-align-justify"><em>“35. With regard to the 2nd issue, I hold the view that to sustain a claim for adverse possession against the estate of a deceased person, the respondent must be sued in their capacity as an administrator of the estate of the deceased or there must be a claim that the respondent holds the title to the suit property in trust for the a…</em></p>