EMFIL LIMITED V. REGISTRAR OF TITLES MOMBASA & 2 OTHERS

JUDGMENT OF THE COURT

[1] The facts leading to the appeal before us are substantially not in dispute. Emfil Limited who is the appellant, purchased land described as L.R No 12335/1 from Associated Sugar Company limited in 1987. The appellant subdivided the land into 143 pieces that is L.R No’s 13433/1-143 (both numbers inclusive). The Commissioner of Lands (herein the 2^nd respondent), consented to the subdivision, and the Registrar of Titles Mombasa (1^st respondent) issued titles for the respective subdivisions to the Appellant. The appellant surrendered five of the subdivisions to the Government for public use, gifted ten subdivisions to Chale Fishermen Group, and nine subdivisions to various individuals. The appellant enjoyed peaceful possession of the remaining 119 subdivisions until 2007, when some unknown individuals encroached on some of the subdivisions, claiming to have been allocated the land by the Director of Land Adjudication and Settlement.

[2] In a bid to safeguard its int…