ESTATE SONRISA LTD & ALI KHAN ALI MUSES V. SAMUEL KAMAU MACHARIA, LAND REGISTRAR, KWALE & FIDELITY COMMERCIAL BANK LTD

JUDGMENT OF THE COURT

The two appeals before us, Civil Appeal Nos. 14 and 32 of 2016 were consolidated and heard together. They arise from the decision of the Environment and Land Court (Mukunya, J) where the main issues were correctly framed by the learned Judge as follows;

“...firstly who is the legal owner of Land Parcel Kwale/Galu Kinondo/50 also referred to as land parcel Galu/Kinondo/50 and secondly, whether the owner of Kwale/Galu Kinondo/48 has encroached on plot no. 50 aforesaid”.

The dispute in Civil Appeal No. 14 of 2016 is essentially between Estate Sonrisa Limited, the 1^st appellant and Samuel Kamau Macharia, the 1^st respondent over the size of two adjacent beach plots, Galu/Kinondo/50, (the suit land) registered in the name of the 1^st respondent and Kwale/Kinondo/48, belonging to the 1^st appellant. It was contended that Kwale/Kinondo/48 had encroached on the suit land.

In Civil Appeal No. 32 of 2016, the 1^st respondent claimed that Ali Khan Ali Muses, the 2^nd appellant, frau…