JUDGMENT OF THE COURT
1. Before us is a first appeal against the judgment of the High Court (Makhandia, J. as he then was) dated 18th June, 2009, wherein the 1st appellant’s title over Loc. 8/Matharite/Kiaheho/698, was cancelled and reverted to the 1st respondent.
2. By a Plaint filed in the High Court the 1st respondent sought the following orders:-
· A declaration that the plaintiff (1st respondent) is the bona fide owner of all that parcel of land known as Loc. 8/Matharite/Kiaheho/181 as shown in the original survey of the plot and which parcel includes/compromise the parcel of land known as Loc. 8/Matharite/Kiaheho/698 and further that the purported sub-division/excision of the latter parcel from the former without the knowledge or consent of the plaintiff who is the owner thereof is unjust, illegal, null and void.
· An injunction do issue restraining the 3rd defendant (1st appellant) whether by himself, successors or assigns or any one of them from disposing of, leasing, charging or …