<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. This is an appeal against the ruling of the Hon. Justice Sergon delivered on 19^th February 2008 in Mombasa HCCC No. 201 of 2007 dismissing the Appellant’s application for a temporary injunction. That ruling also applied to Mombasa HCCC Nos. 202 of 2007 and 204 of 2007.</p><p class="ql-align-justify">2. The facts of the case are fairly simple and straight forward. By a letter of allotment Ref. No. 75892/XX dated 9^th December 1996, the Commissioner of Lands leased to the first defendant the un-surveyed piece of land situated in Mombasa Island and known as UNS: BCR Plot C M. ISLAND for a term of 99 years from 1^st December 1996. That piece of land was apparently later surveyed and designated Title No. Mombasa Island/Block XI/936 (the suit land). On 27^th January 2003, the Commissioner of Lands issued to the first defendant.</p><p class="ql-align-justify">3. In its plaint the Appellant claims that the suit land is part of an unclassified road reserve vested in the Municipal Council of Mombasa for maintenance and upkeep for the be…</p>