ESTATE SONRISA LIMITED V. SAMUEL KAMAU MACHARIA & ANOTHER; FIDELITY COMMERCIAL BANK LIMITED (INTERESTED PARTY)

JUDGMENT OF THE COURT

1. At all material times in this matter, the suit property is Title No. Kwale/Galu/Kinondo/50. Two certificates of title exist over the property one in the name of one Ali Khan Ali Muses and the other in the name of the 1^st respondent in this appeal who was the plaintiff before the Environment and Land Court.

2. By a plaint dated 17^th February 2014, the 1^st respondent filed suit against the appellant, the 2^nd respondent and one Ali Khan Ali Muses. The 1^st respondent prayed for a permanent injunction restraining the appellant and the said Ali Khan Ali Muses from encroaching, trespassing, developing, alienating, selling or transferring or in any way dealing with the suit property in a manner that violates the 1^st respondent’s rights over the property. A declaratory order was also sought to declare the 1^st respondent as the legal owner of the suit property and an order to evict the appellant and Ali Khan Ali Muses from the suit property. The 1^st respondent sought a fu…