RULING
[1] The applicants suing as Trustees of the Dandora Disabled Group, commenced a suit at the Environment and Land Court against the respondents, contending that they were the beneficial owners of land parcel No. Nairobi Block 84/1221 (suit property), having purchased it from the 2nd respondent. The applicants claimed that the 1st respondent through the Kenya Police had encroached on the suit property, and therefore sought orders for the 1st respondent, his servants and agents, to be restrained from trespassing on the suit property.
[2] The 1st respondent filed a defence contending that the suit property was public land, and also filed a counterclaim seeking orders that the applicants’ title over the suit property be cancelled on account of fraud.
[3] In a decision delivered on 12th October 2017, Gacheru, J dismissed the applicant’s suit; allowed the 1st respondent’s counterclaim; and granted orders cancelling the certificate of lease issued to the applicants.
[4] The applicants who …