<p>JUDGEMENT</p><p>The facts of this case are that the first Plaintiff leased a 50.869 Acres or 20.551 Hectares of land at Dawhenya to Heritage Key Properties for a term of 99 years in the year 2000. The Heritage Key Properties assigned all its interest in the land to the 2^nd Plaintiff in 2005. 2^nd Plaintiff also went ahead to assign its interest in the land to the 1^st Defendant. There was an arrangement plan with regards to the payment.</p><p>The 1^st Defendant however failed to make full payment as agreed. Eventually, it assigned portions of the land to the 2^nd Defendant and also surrendered about 12 Acres of the land to the 2^nd Plaintiff. When the 2^nd Plaintiff went to the Lands Commission to register the Deed of Surrender, it was informed that the 1^st Defendant had mortgaged the entire land to the 3^rd Defendant. The 2^nd Plaintiff was not allowed by the Lands Commission to register the Deed of Surrender, due to the mortgage registered in the name of the 3^rd Defendant.</p><p>Plaintiffs commenced this action…</p>