HASSAN HURI & ABDULRAZAK HURI IBRAHIM V. JAPHET MWAKALA

JUDGMENT OF THE COURT

The origin of this dispute are two letters of allotment in respect of land parcel L.R.No.1956/348 – VOI MUNICIPALITY, both issued on the same day – 6^th November, 1998 – one to Japheth Mwakala, the respondent and the other to Linda Wavinya Kilonzo, not a party to this appeal but named as the 1^st defendant in the suit. The latter, subsequent to the allocation and after obtaining a grant of lease, transferred the property to Hassan Huri (the 1^st appellant) who in turn has transferred it to Abdulrazak Huri Ibrahim (the 2^nd appellant).

The respondent brought an action against the three for a declaration that the title in respect of the property issued to the 1^st appellant and the subsequent transfers were illegal, null and void. He also prayed for the cancellation of the title, and a permanent injunction against the 2^nd appellant to restrain him from interfering or dealing with the property. For their part the appellants argued that the original proprietor, Linda Waviny…