JUDGMENT OF THE COURT
1. This appeal is founded on the issue of res judicata and the application of the concept of adverse possession. The parties to this suit are brothers. At all material times, the suit property namely, Land Parcel No. Kimilili/Kamkuuywa/660 was registered in the name of the respondent.
2. By a plaint dated 11th February 1992, a suit was filed against the respondent by the appellant seeking an order for transfer of Land Parcel No. Kimilili/Kamkuywa/660 “the suit property” to the appellant. The suit was filed in 1992 in the Principal Magistrate’s Court in Bungoma as PMCC No. 149 of 1992. By a judgment dated 12th January 1995, the trial magistrate held that the appellant was the rightful owner of the suit property and that the same should be transferred to him.
3. Aggrieved by the judgment, the respondent lodged an appeal to the High Court being Bungoma HCCA No. 79 of 1995. The learned judge (C.O. On’gudi, J.) in a Judgment dated 12th June 1997 set aside the judgment of…