MUHAMMED AWADH SALIM, MOHAMED ABDILLAHI YUSUF ATHMAN NAAMAN MOHAMED (SUING AS THE TRUSTEES OF THE QURAN AND SUNNA SOCIETY OF EAST AFRICA) V. KALIMUDDIN EBRAHIM HASSANALI, K.M. KARIMBHAI & CO. ADVOCATES & ABDULNASSER SAID AHMED

RULING

1. By a judgment delivered on 22^nd February 2019, in Mombasa ELC Case No. 202 of 2013, the Environment and Land Court (ELC) dismissed the applicants’ suit in which they had sought an order to compel the respondents to release to them the original documents of title for parcel land subdivision No. 3368/1/MN. In that suit, the applicants claimed that they purchased the said property from the 1^st respondent and that despite paying the entire purchase price the respondents had refused to release the title documents.

2. The respondents in their defence averred that the property had been donated for the construction of a Mosque; that the names of the applicants had been included in the title because as they had persuaded the Masjid Mulla Welfare Committee, in whose name the property should be registered that failure to include their names would impair fund raising efforts from donors in Canada.

3. After hearing the parties, the ELC dismissed the applicants claim. In its judgment deliver…