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JUDGMENT
This appeal arises from a judgment dated 13th May 2020 by the Environment and Land Court (ELC) at Malindi (Olola J.) delivered in Malindi ELC Case No 30 of 2011, in which the trial Judge dismissed the 1st Respondent’s suit with costs to the 2nd and 3rd Respondents, after finding that the title to land parcel No. Chembe/Kibabamshe/393 was valid and that its purported mutation and sub division creating parcels No Chembe/Kibabamshe/651 and 652 were unprocedural, illegal and fraudulent. The ELC further allowed the 2nd and 3rd Respondent’s counterclaim and found that the 2nd Respondent procedurally and legally acquired title for land parcel No. Chembe/Kibabamshe/393, and that the 3rd Respondent was a bona fide purchaser thereof, and granted them a permanent injunction restraining the 1st Respondent from dealing with plot No. Chembe/Kibabamshe/393.
The Appellant being aggrieved by the decision of the Environment and Land Court (Olola J.), proffered this Appeal and filed a memorandum …