DUNCAN NDURACHA V. FUAD MAHMOUD MOHAMMED, MARIAM MOHAMED & SENIOR RESIDENT MAGISTRATE'S COURT AT MOMBASA

JUDGMENT OF THE COURT

By an exparte chamber Summons application dated 10^th January, 2011, Fuad Mahamoud Mohammed (then as an exparte applicant) sought the following orders interalia, against Duncan Nduracha, the appellant herein, (the then 1^st respondent) and against Mariam Mohamed and the Senior Resident Magistrate’s Court Mombasa (the then and the current 2^nd and 3^rd respondents respectively;

“1. Leave be granted to the applicant to apply for prerogative orders of certiorari, prohibition and mandamus as more particularly set out in the grounds of the statement, filed herewith.

2. The grant of such leave do operate as a stay of dealings of whatever nature including although not limited to transferring, leasing, charging or in any other way dealing with the suit property known as MN/1/3966 Nyali Mombasa.”

The application was premised on the grounds that the Senior Resident Magistrate’s court in Mombasa SRMCC No. 3088 of 2010 had dealt with the suit property without jurisdiction as under s…