JUDGMENT OF THE COURT
In this appeal, the appellant, Samuel Kamere seeks to be indemnified by the respondent, the Lands Registrar Kajiado for the cancellation of his name from the Land Register which reinstated the name of Archibold Karanja Kagai, the plaintiff as the registered proprietor of a parcel of land known as land reference number Ngong/Ngong/3088 (the suit property) situate in Kajiado District, registered under the Registered Land Act, Chapter 300, (the Act) (now repealed ). The plaintiff was not included as a party to the appeal.
Briefly, the facts are that the plaintiff filed a suit in the High Court wherein he claimed that at all material times he was the registered owner of the suit property. He contended that on or about 5th April 1991 the respondent wrongfully and unlawfully registered the appellant as the owner of the suit property, and issued him with a certificate of title. The plaintiff had demanded that the respondent rectify the register to reinstate him as the reg…