JOSEPH MZUNGU NYOKA V. VROS PRODUCE LIMITED & 525 OTHERS

JUDGMENT OF THE COURT

[1] Joseph Mzungu Nyoka (hereinafter referred to as “the appellant”) was the 9^th defendant in the Environment and Land Court Case No. 171 of 2013 at Malindi (ELC No. 171/2013). Apart from the appellant, there were 525 other defendants who are now respondents to this appeal. These included the Chief Land Registrar (3^rd respondent), the Attorney General (4^th respondent), the Officer in Charge, Kijipwa Police Station (5^th respondent), County Police Commander, Kilifi County (6^th respondent), the Inspector General, National Police Service (7^th respondent), Lukas Owiti (9^th respondent) and Lewis Gogo (10^th respondent). ELC No. 171 of 2013 was filed by Vros Produce Limited and Dew Reality Limited who are now the 1^st and 2^nd respondent to this appeal (hereinafter referred to as Vros Ltd and Dew Ltd respectively).

[2] The dispute in ELC 171 of 2013 related to a parcel of land formerly registered as Sub Division No. 150/Section IV/Mainland North CR No. 13080/1 (hereinafter r…