The appellate court found that the trial magistrate's court lacked jurisdiction to determine the defendant's counterclaim for adverse possession, as such claims can only be adjudicated by the High Court under section 38 of the Limitation of Actions Act. The consolidation of the High Court Originating Summons with the lower court suit was improper, and the trial court's judgment on the counterclaim was therefore a nullity. Consequently, the appellate court allowed the appeal to the extent that the counterclaim on adverse possession must be heard and determined by the appropriate court, set aside the entire judgment of the trial court, and ordered the reinstatement and transfer of the consolidated matters to the Environment and Land Court for proper determination.