JINGO TOURS AND SAFARIS LTD V. JAMAL SHARIFF SWALEH, LAND REGISTRAR MOMBASA & CHIEF LAND REGISTRAR

JUDGMENT OF THE COURT

The appellant, Jingo Tours and Safaris Ltd moved the High Court seeking Judicial Review orders of certiorari to quash the decisions of the 2nd and 3rd respondents to transfer Plot No. 1292/I/MN CR. 11830, (hereinafter the “suit property”) to the 1st respondent and to issue a Certificate of Title for the suit property to the 1st respondent. The appellant also sought an order of prohibition to stop the 1st respondent from selling, transferring, charging, leasing or in any way dealing with any interest in the suit property or interfering with the appellant’s quiet possession of the same and an order of mandamus to compel the 2nd and 3rd respondents to rectify the register and remove or cancel the name of the 1st respondent from the register and substitute therefor the name of the appellant as the lawful owner, within 30 days. The appellant also prayed for costs of the application.

The appellant alleged that at all material times it was the beneficial owner of the suit…