SUSAN MOSS V. SILAS SIELE STEPHEN & DAVID SISIMWO STEPHEN

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment and decree of the Kitale Environment and Land Court (Obaga, J.) whereby the court decreed that the respondents had acquired 125 acres out of title No. LR. No. 1948/10 registered in the name of Daniel Chepnoi Naibei Moss (DCN Moss) by adverse possession.

[2] The appellant is the widow of DCN Moss who died on 6^th August, 1984. By a grant of representation dated 7^th December, 1988, the appellant was appointed as the personal representative of D.C.N. Moss. The 1^st and 2^nd respondents Sisimwo Sila Siele and David Sisimwo are sons of Stephen Haron Sisimwo who died on 12^th June, 1998. The two respondents are also the personal representatives of Stephen Haron Sisimwo by virtue of grant of letters of administration dated 11^th April, 2005 which was later amended.

[3] By an originating summons dated 19^th December, 2011, the respondents sought two main orders, namely, that they be deemed to have acquired 125 acres out of 469.5 acres in LR…