JUDGMENT OF THE COURT
Patrick William Ateku, the appellant, as the personal representative of the estate of William Marende Ateku (hereinafter, the deceased), unsuccessfully sued Olenja Ateku, hereunder, the first respondent, and Benina A. William, hereinafter, the 2nd respondent, in the High Court at Kakamega, under High Court Civil Case No. 63 of 2000, for, first, a declaration that land parcel No. Butsotso/Shibeya/469, was part of the estate of the deceased, and, second, for an order that he be registered as the proprietor thereof in place of the 2nd respondent.
The 2nd respondent became the registered proprietor of the aforesaid parcel of land on 9th November, 1991, when transfer of title thereof was effected to her by the first respondent. Documentary evidence before us shows that the 1st respondent signed application forms for Land Control Board consent to transfer the land to the 2nd respondent, on 25th January, 1990. The Lurambi Land Control Board listed the matter for considera…