WAHOME KIRENGO V. JOSPHAT WAMBUGU

JUDGMENT OF THE COURT

The appellant, WAHOME KIRENGO, was the plaintiff in a suit which was commenced by plaint at the Principal Magistrate’s Court at Meru, in which as purchaser he sought orders, inter alia, that a parcel of land known as Nyaki/Kithoka/291 be transferred to him by the respondent in this appeal as the defendant in that suit. The suit was commenced on 5^th October, 1987 by a home made plaint. It would appear to us that before the respondent, JOSPHAT WAMBUGU filed defence to the claim the appellant engaged counsel who amended the plaint in which he raised adverse possession as an additional ground for claiming the aforesaid parcel of land. However, instead of filing the amended plaint at the Principle Magistrate’s Court, at Meru where the suit was still pending, he filed it at the High Court of Kenya, at Meru where it was assigned a new number. In his plaint and amended plaint the appellant averred that he bought the aforesaid parcel of land in 1966, he has planted coffee …