JUDGMENT OF THE COURT
The main issue for our determination in this second appeal is the construction and application of section 30 (g) of the Registered Land Act (RLA), Cap 300) (now repealed).
The matter concerns a parcel of land situate in Koshok village of Bungoma County, known as Elgon/Namorio/815 (the disputed land), measuring approximately 2.8 Hectares (about 7 Acres). It was first registered under the RLA on 1st April, 1969 in the name of John Olekete (John). John had a son, Haron Omutaba Olekete (Haron) who was married to Rose Nasimiyu (Rose), with whom they had four children. Rose is the respondent before us. In the year 1999 John took Haron and his family to the disputed land and, in the presence of clan witnesses, he identified a portion of two and a half acres which he gave out to Haron and family. According to one witness, it was given out as Haron's inheritance in the event of John's death. Haron and his family then settled on the portion of the disputed land by building t…