EVERLYN LUVANDWA MASAMBAGA & 7 ORS V. MALINDI HOLDINGS AND ESTATE LIMITED

JUDGMENT

1. Malindi Holdings Limited, (“the Respondent”) filed a suit in the High Court by way of an amended plaint dated 15th September 2011, which suit was later transferred to the Environment and Land Court (ELC). The Respondent sought various orders in the said suit against the Appellants herein, including declarations that it is the registered proprietors in respect of several parcels of land being Land Reference Number 9298 Malindi, Land Reference Number 9299 Malindi, and Land Reference Number 9300 Malindi (hereinafter “the suit premises”); an order of mandatory injunction requiring the Appellants to demolish illegal structures and other developments on the suit premises; an order of permanent injunction restraining the Appellants, vacant possession, general damages and the costs of the suit.

2. The Respondent’s claim was that it is registered as proprietor and as lessee of the suit premise for a term of 99 years from 1st May 1994,. It was its argument that on diverse dates in 2008, the…