RULING OF THE COURT
As at 5th March, 2002, one Akech Jagalo of Migori District, was the registered owner of Land Parcel No. Kanyamkago/Kawere 1/1219 measuring 8.8 hectares. The record shows that Akech Jagalo had disputes over that land with George Liewa Jagalo, the 1st respondent in this notice of motion, way back in 1994 and that the superior court made decisions on that dispute. However, as at that date 5th March 2002, Akech Jagalo died and by then, the registration of the land, part of which is now in dispute, into his name, which was dated 3rd September 1981, had not been affected and he died the title holder of the suit land. His daughter, Rose Achieng’ Akech (Rose) the fifth respondent and the eldest daughter of the deceased’s only four daughters, took out letters of administration intestate and the same was issued by the Principal Magistrate’s Court at Migori on 31st August, 2005. On 30th June 2006, that grant was confirmed and a certificate of confirmation issued. Armed with th…