JUDGMENT
1.The appellant, Jacob Buhungi Elaki filed a Petition dated 20th February 2015 in the Environment and Land Court against the District Land Registrar, Vihiga and the Attorney General, the 1st and 2nd respondents wherein he claimed that despite his being the absolute registered proprietor of all that parcel of land known as NYANG'ORI/HAMISI B/30 (the suit land) from 1999, the 1st respondent, while purporting to be so acting on the District Surveyor’s letter reference No. H.U.G/MUT/3/VOL.1/33 of 19/7/07, registered a restriction as entry No. 4 of 27.4.07 against the title of the suit land without his knowledge or providing him with any notice; that he had learnt of the restriction sometime in August 2013 when he conducted an official search at Vihiga Land Registry in anticipation of selling a portion of his land.
2.The appellant claimed that in, March 2014, he instructed his lawyers to seek redress and that they wrote to the 1st respondent to have the restriction removed but to da…