STEPHEN MUANGE MUTUA V. KARIUKI KIRUBI & MUNICIPAL COUNCIL OF MOMBASA

JUDGMENT OF THE COURT

1. NAHASHON GICHUHI NYAGA was allotted Plot No. 1480 Mikindani (suit premises) by the Municipal Council of Mombasa (2^nd respondent). On the 17^th December 1995, Nahashon wrote to the Municipal Council informing them that he had transferred all his rights and interests in the suit premises to Kariuki Kiribu (1^st respondent). By a letter dated 7^th December, 1995, the Municipal Council accepted the transfer and directed the 1^st respondent to pay the transfer fees amounting to KShs. 1,250/-.

2. By a suit filed in Mombasa HCCC No. 392 of 2002, the 1^st respondent sued the Municipal Council and Stephen Muange Mutua (appellant) seeking for the following orders:

“ (a) Injunction to restrain the defendants by themselves, their agents or servants from dealing, selling, transferring or in any other manner from interfering with the plaintiff’s Plot No. 1480 Mikindani.

(b) An order concerning the re-allocation and prayer for the plot by the 1^st defendant to the 2^nd defendant.

(c) A …