JUDGMENT OF THE COURT
Section 27 (a) of the Registered Land Act, Cap 300 laws of Kenya, provides:
Subject to this Act-
(a) the registration of a person as the proprietor of land shall rest in that person the absolute ownership of that land together with all rights and privileges belonging or appurtenant thereto;” and section 28 of the same Act provides thus: -
“The rights of a proprietor, whether acquired on first registration or whether acquired subsequently for valuable consideration or by an Order of Court, shall not be liable to be defeated except as provided in this Act , and shall be held by the proprietor, together with all privileges and appurtenances belonging thereto, free from all other interests and claims whatsoever, but subject:
(a) to the leases, charges and other encumbrances and to the conditions and restrictions, if any, shown in the register; and
(b) Unless the Contrary is expressed in the register, to such liabilities, rights and interests as affect the same and are decl…