RULING OF THE COURT
On 29th March, 2019 Matheka, J. determined the respondents’ originating summons for adverse possession of the suit property known as No. 771/Ii/MN CR. 8594 and measuring 47.62 acres or thereabouts, and concluded that;
“1. That the plaintiffs have acquired title to the disputed land by adverse possession having lived on the suit land for over twelve (12) years openly and without any interference by anyone.
2. That the defendant, by self, agents, servants, family members and other authorized person and independent contractors be restrained by a permanent injunction from entering the suit property or demolishing the houses, structures or damaging or harvesting the plaintiffs crops therein and or evicting or interfering with the plaintiff’s user and occupation of the suit property with their families”.
Apparently, this decision was reached after Matheka, J. rejected the applicant’s application on 7th December, 2018, to be allowed to defend the suit. After that rejection, t…