RANSA COMPANY LTD V. MANCA FRANCESCO, REGISTRAR OF TITLES, MOMBASA & COMMISSIONER OF LANDS

JUDGMENT OF KARANJA, JA.

The parties in this appeal namely Ransa Company Ltd (appellant) and Manca Francesco (1^st respondent), Registrar of Titles, Mombasa, (2^nd respondent) and The Commissioner of Lands (3^rd respondent) were engaged in litigation in several matters before the High Court sitting in Mombasa and Malindi. Such litigation included Malindi HCCC No. 36 of 2004, Malindi HCCC No. 10 of 2005, and HC Misc. Application No. 924 of 2006.

All these matters revolved around Land ParcelNo. 671 Watamu CR No. 23596/1, and Plot No. Kilifi/Jimba/439.

I hold the position that for purposes of this judgment, it will not be necessary for me to go into the details of the said litigation except as the same may impact on HC Misc. Application No. 924 of 2006, which is the subject of this appeal. It is important to clarify at this early stage that Misc. Application No. 924 of 2006, was originally filed in Malindi but later transferred to Nairobi where it was renamed HC Misc. Application No. 7 of 2007…