JUDGMENT
On July 7, 1980 Scriven J made an uncalledfor order outside the pleadings and issues for trial, when he declared that Ogowe Oliech had rights in possession against the whole of the land, such as are capable of definition under the provisions of section 30(g) of the Registered Land Act (cap 300). He was satisfied, he said, that whenever it was that the defendant did take possession he knew of the plaintiff’s ancestral claim to the land should he return from Tanzania. The learned judge did not accept the plaintiff’s claim to the land on the basis of adverse possession, or a customary or other trust. It was recognized that the plaintiff’s ancestral claim to the title of land had failed because the defendant had managed to secure first registration to the land, which the judge could not go behind. He then invoked the overriding interests provision in section 30(g) mentioned above.
Whatever the merits of that decision, which may be judged from a description of overriding interests i…