FARAJ MAHARUS (ADMINISTRATOR OF THE ESTATE OF KHADIJA RAJAB SULEIMAN) V. J.B. MARTIN GLASS INDUSTRIES,URBAN COUNCIL OF MARIAKANI, KENYA SUIT CASE MANUFACTURERS LTD & COMMISSIONER OF LANDS

JUDGMENT OF THE COURT

This is an appeal by the aggrieved plaintiff, FARAJ MAHARUS (Administrator of the Estate of Khadija – Rajab Suleiman), now the appellant, against the decision of Waki, J. (as he then was) given on 15^th May, 1998 whereby he struck out the appellant’s suit under Order 6 of rule 13 (b) (c) and (d) of the Civil procedure Rules for being frivolous, vexatious and an abuse of the process.

The appellant and the 1^st and 3^rd respondents lay claim to a parcel of land situate in Mazeras Township formerly known as plot No. 26 but since 1994, surveyed and described as L.R. No. 1043/111/54 measuring about 3.722 hectares or approximately 9.2 acres. It is common ground that it has at all material times to the suit been government land.

The genesis of the dispute giving rise to this appeal has a very interesting legal history going back to, more or less, the turn of the last century.

On 13^th July, 1926, the Land Officer of the Colony and protectorate of Kenya issued a Temporary Occupa…