PRISCA NAROTSO ETYANGA ALIAS PRISCA NAROTSO ETYANG'I V. JAMES GITAU GACHAIYA SUING ON BEHALF OF A LEGAL REPRESENTATIVE OF ELIZABETH NJERI GITAU

JUDGMENT OF THE COURT

1. This is an appeal from the judgment and decree of the Land and Environment Court at Busia delivered on 26^th August 2015 decreeing that the respondent had acquired by adverse possession 0.02 hectares of the appellant’s property known as Title Number North Teso/Kocholia/789 and ordering the appellant to subdivide the said parcel and to transfer 0.02 hectares thereof to the respondent as the administrator of the estate of Elizabeth Njeri Gitau, deceased.

Background

2. On 19^th March 2010, the respondent, suing on his own behalf and as the legal representative of the estate of his late mother, Elizabeth Njeri Gitau, deceased, commenced suit in the High Court at Busia against the appellant seeking a declaration that the respondent had acquired 0.02 hectares of the appellant’s property known as Title Number North Teso/Kocholia/789 by adverse possession.

3. The respondent’s case was that in 1977, his late mother bought the appellant’s commercial plot measuring 0.02 hectar…