JUDGMENT OF THE COURT
A). INTRODUCTION
1. The central issue for determination in this appeal is whether under the Registered Land Act (now repealed), proprietary rights over land that were not recognised during land adjudication process can be asserted, nearly 34 years after registration of land and subsequent issue of title documents.
2. The trial court determined that issue in the negative and thus gave rise to this appeal.
B). THE APPELLANT'S PLEADINGS
3. In his amended plaint filed on 17th May, 2014, Wambanda Khwatenge Wandambusi, the original appellant, (hereinafter referred to as “the deceased”) stated that he was the beneficial legal owner of land parcel No. East Bukusu/1062 (the suit property) but the 2nd respondent was unjustifiably and illegally registered as the owner thereof in 1969 or thereabout. He added that the 1st respondent, in its capacity as the trustee for the Government of Kenya, compulsorily acquired the suit property without paying him full compensation for the same…