JAPHETH PASI KILONGA, ONESMUS MBOGO KIMERA ,JUMA KAPANGA ,NDAHE NDAZE, MZEE MWANGONDE ,ZOMOLO WANJE ,NZAI KAZUNGU MBUZI ,MAJANI RAJABU & MZEE MDARIS V. MOMBASA AUTOCARE LIMITED

JUDGMENT OF THE COURT

Two suits, being H.C.C.C. No. 8 of 2009 and ELC Case No. 19 of 2013 were brought by Mombasa Autocare Limited (the respondent) against a group of persons (the appellants) seeking to evict the latter and to restrain them by an order of permanent injunction from trespassing, interfering or wasting parcel of land known as No. 123/MTANGANI, MALINDI, measuring approximately 96.01 acres “the suit property”. The appellants claimed that they were entitled to be registered as proprietors by operation of the law of limitation. The two suits were consolidated and set down for hearing. As this appeal turns on the proceedings of the trial court we shall take some time to consider how the hearing was conducted. On 3^rd March 2014 the respondent through its director, Mohamed Salim Ali Mohamed led evidence in support of the claim that it is the registered proprietor of the suit property and that in 2012 the appellants, without any colour of right occupied the suit property, started…