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Muhiddin Mohamed Muhiddin (suing for and on behalf of the Estate of Mohamed Muhiddin Mohamed Hatimy) v. Jackson Muthama & 168 others

(2014) JELR 98861 (CA)

Court of Appeal  •  Civil Appeal 322 of 2012  •  18 Jul 2014  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of Tuiyot J. in Mombasa Commercial Suit No. 32 of 2007.

Briefly, the facts of the case are that the appellant herein filed suit against the respondents by way of a plaint dated 3rd August, 2005. The appellant’s complaint is encapsulated in paragraphs 5 and 6 of the plaint which state as follows:-

5. That all the alleged tenants, licencees, squatters and/or intended purchasers have on separate dates and years erected, permanent, semi-permanent, temporary structures and houses on the said land with or without Consent of the land owners and in particular the Plaintiff as the legal representative of the Estate herein.

6. That the Plaintiff in attempting to regularize the position has made various consultation, invitation, offers in writing to the said alleged tenants, licensees, squatters and/or intended purchasers to come forth and enter into formal agreements recognizing their tenancy, occupation or licensee status but all…

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