JUDGMENT OF THE COURT
[1] This is an appeal from the judgment and decree of the Environment and Land Court (ELC), Busia, (Kibunja, J.) cancelling the registration of the appellant as proprietor of land title No. Marachi/Elukhari/528.
[2] The 1st and 2nd respondents are widows of Gabriel Oloo Kombo who died on about 21st October, 1979. On 29th June, 2011, the two respondents were granted a limited grant of letters of administration ad litem in respect of the estate of their deceased husband. On 3rd October, 2011, the respondents filed a suit in the High Court at Busia which was later registered in the ELC. The respondents averred in the plaint inter alia, that their deceased husband died intestate on 21st October, 1979 and before he transferred his interest in the suit land; that in 2007, the respondents discovered that the appellant had been registered as proprietor of the land, and that the appellant’s acquisition of the said land was illegal and fraudulent. The particulars of fraud pl…