JUDGMENT
Jonathan Orengo Obiayo (the appellant ) is the registered proprietor of land parcel title No North Nyakach/Agoro West/721 measuring approximately 1.0 hectare. The said parcel of land was first registered in the appellant’s name on 12th September, 1975 following land adjudication in 1972.
The appellant is aggrieved by the decision of the superior court (Omolo J ) made on 10th September 1990 whereby he refused to strike out a plaint filed by the respondent Moses Ondiegi Okoth and gave the said respondent leave to amend the plaint. In the said plaint the respondent claimed the suit land as an heir of his father who had died in 1985; the plaint was filed on 5th August 1987 by the respondent without obtaining a grant of letters of administration to the estate of his father.
By his Chamber Summons filed in Court seeking to strike out the plaint the appellant took two objections to the plaint. First that the respondent personally had no cause of action against the appellant and having …