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Said Sweilem Gheithan Saanum v. Commissioner Of Lands (Being Sued Through The Attorney General), Municipal Council of Mombasa, Norman Taherali Dawoodbhai, Hassan Taherali Dawoodbhai, Ali Ramandhan Mwatsau & Mohamed Naman Mohamed

(2015) JELR 95161 (CA)

Court of Appeal  •  Civil Appeal 16 of 2015  •  30 Oct 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

Said Sweilem Gheithan Saanum (now deceased) brought against the respondents an action being Mombasa H.C.C.C. No.227 of 2002 claiming ownership of the parcel of land known as MOMBASA/BLOCKXVII/1098 by virtue of a land certificate issued to him on 11thOctober, 1976 and alleging that the Commissioner of Lands as the 1st respondent had directed him to surrender the certificate without explaining the purpose for such surrender, only to learn later that the land had been subdivided giving rise to MOMBASA/BLOCKXVII/1517 (the suit property) which was, without his knowledge, consent or consideration, transferred and registered in favour of the Municipal Council of Mombasa, the 2nd respondent, now the County Government of Mombasa. It was alleged that the 2nd respondent had in turn allocated the suit property and granted a 99 year lease jointly to Ali Ramadhan Mwatsau and Mohamed Naman Mohamed, the 5th and 6th respondents respectively; that this latter transfer was subsequen…

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