JUDGMENT
This is an appeal from the decision and order of the High Court Mombasa (Kneller J), made on a preliminary objection as to practice and procedure at the hearing of a civil application in chambers. The application was by way of originating summons stated to be under section 57(5) of the Registration of Titles Act (cap 281) (hereinafter referred to as the act) and order XXXVI of the Civil Procedure Rules.
The applicant was one Peter Salai Mwalagaya; and the application was in respect of a plot of land of 5.77 acres ie Plot No 69 section II Mombasa Mainland North and as to which land the applicant claims “a purchaser’s interest.” The respondent to the application was one Murtaza Hussein Bandali, a Land and Estate agent of a firm named Shimoni Enterprises; and the applicant prayed, (a) that agent Bandali show cause why the caveat lodged by him on March 27, 1979 registered at the Coast Registry as No CR 1317/15 against the title of the said Plot should not be withdrawn; and (2) that…