<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>This is an appeal by the 2^nd defendant, now the appellant, from the judgment and decree of the superior court <em>(Hon. Ransley, Comm. of Assize)</em> given on 23^rd January, 2002, whereby the learned Comm. of Assize entered judgment for the plaintiff, the 1^st respondent, declaring him, <em>inter alia</em>, to have obtained title to half share of the suit land known as Kiganjo/Kiganjo/110 by adverse possession.</p><p>The facts in the case may be stated thus. Before the advent of land adjudication and registration in Kiganjo the original owner of the suit land was one GACHOKA KAGUKU who had several sons, among them MBIRI GACHOKA and DANIEL GACHOKA. It is the plaintiff’s case that <em>Mbiri Gachoka</em> died in or about 1935 and his wife <em>Margaret Magiri</em> and her children, including the 1^st respondent <em>Kibe Mariba</em>, were then absorbed into <em>Daniel Gachoka’s</em> household after Margaret was inherited as a wife. It is also the plaintiff’s case that on registration the land belonging to <em>Mbiri Gachoka</em> and inherit…</p>