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Sunpalm LimiteD v. Mohamed Siaka Ali (Through Mohamed Shaibu Shosi-Personal Legal Representative), Issa Timamy t/a Timami & Co. Advocates, Stewart Madzayo t/a Madzayo & Co. Advocates & Chief Land Registrar

(2020) JELR 95071 (CA)

Court of Appeal  •  Civil Appeal 240 of 2015  •  7 Feb 2020  •  Kenya

Coram
Jamila Mohammed, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal against the judgment of Mutungi, J delivered on 31st July, 2015.

A brief background to this appeal is that Mohamed Siaka Ali (the then plaintiff and now deceased) filed an amended plaint dated 11th March, 2008 and sought orders, inter alia, to have the registration of Land Reference Number Kilifi/Jimba/669 (the suit Land) in favour of Sun Palm Limited (the appellant herein and the then 1st defendant) be declared null and void and that the appellant be ordered to vacate the suit land. Issa Timamy, (the 2nd respondent herein and the then 2nd defendant) and Stewart Madzayo, (the 3rd respondent herein and the then 3rd defendant) were sued in their capacities as legal counsel.

Then there was the Chief Land Registrar (the 4th respondent herein and the then 4th defendant) who although no claim(s) were made against it, was sued apparently by virtue of the office.

Mohamed Siaka Ali, (the then plaintiff) died on 5th August, 2005 and Mohamed Shaib Shosi (the 1…

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