JUDGMENT OF THE COURT
1. By a Grant number CR. 20405 a leasehold interest over Plot No. 103 Watamu (the plot) was registered under the Registration of Titles Act (RTA (repealed)) in favour of Dr. Sarah Jelangat Siele (the appellant) for a period of 99 years from 1st May, 1989. It seems that the appellant neither resided nor developed that plot. However, she charged it as security for a loan facility advanced by Transnational Finance Limited which charge was discharged on 25th July, 2001. Sometime in April 2005 she noticed that a perimeter fence which was erected around a neighbouring parcel had also enclosed her plot. Upon inquiring from the area chief she was informed that that area had been redrawn for a settlement scheme.
2. Apparently on 17th March, 2003 the Chief Land Registrar had directed the Kilifi District Land Registrar to issue a title under the Registered Land Act (RLA (repealed)) being Kilifi/Jimba/1125 (suit property) to Seven Island Watamu Limited (the 3rd respondent) wit…