MWINYI HAMISI ALI V. THE ATTORNEY GENERAL & PHILEMON MWAISAKA WAWAK1997]E

JUDGMENT OF THE COURT

The facts leading to this appeal are somewhat involved. There were initially four parties in the superior court. The appellant was the plaintiff. The Attorney General was the first defendant. Mr. Philemon Mwaisaka Wawaka was the second defendant and the Commissioner of Lands was the third defendant. We will refer to the parties as Mr. Hamisi Ali, the Attorney General, Mr. Mwaisaka and the Commissioner respectively.

Mr. Hamisi Ali was desirous of buying a farm for himself and went and saw one Mr. Datoo, an estate agent in Mombasa and asked Mr. Datoo to find a farm for him. Mr. Datoo introduced Mr. Hamisi Ali to a Captain Townsend who was interested in selling farms he owned. One was L.R. 324/III/MN (324) which was registered in the name of Captain Townsend. The other was L.R. 334/III/MN (334) which was registered in the names of Captain Townsend, a Mrs. Brady, a Mr. Taylor and a Mr. Torr. These four were proprietors as tenants in common of undivided equal share each…