¹ For a detailed examination of some of the legal implications of this programme see Coldham, S. F. R., “The effect of registration of title upon customary land rights in Kenya” [1978] J.A.L. 91.Google Scholar

² Cap. 300 (Laws of Kenya 1964).

³ Ibid., s. 28.

⁴ Esiroyo v. Esiroyo, [1973] E.A. 388, approved by the Court of Appeal in the instant case.Google Scholar

⁵ Registered Land Act, s. 143(1).

⁶ See, for example, Limuli v. Sabayi, [1979] J.A.L. 187 and the cases discussed in Coldham, op. cit. at pp. 106ff.Google Scholar

⁷ E.g. the English Land Registration Act 1925, s. 74.Google Scholar

⁸ Land Control Act 1967, Cap. 302 (Laws of Kenya 1968), s. 6(1).Google Scholar

⁹ Statute Law (Repeal and Miscellaneous Amendments) Act 1980, No. 9 of 1980.Google Scholar

¹⁰ Where there is no such evidence, the position is debatable. See Hodgson v. Marks [1971] Ch. 892.Google Scholar

¹¹ It is hard to know what kind of equitable rights Madan, J.A., is referring to, given that he was unable to find that a trust existed on the facts.

¹² Hodgson v. Marks, above.

¹³ Williams and Glyn's Bank Ltd. v. Boland [1981] A.C. 487.Google Scholar

¹⁴ S. 70(1)(g): ”The rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where enquiry is made of such person and the rights are not disclosed.”

¹⁵ Simpson, S. R., Land Law and Registration, Cambridge, 1976, p. 500.Google Scholar

¹⁶ As a result of the decision, presumably the appellant will bring an action against K.K.