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Swaleh Mohamed Waziri, Nasra Hassan Mohamed, Ahmed Abdulhasim Kasim & Jamila Yusuf Mohamed v. Houd Mohmoud Athman & Attorney General

(2020) JELR 94133 (CA)

Court of Appeal  •  Civil Appeal 128 of 2018  •  24 Apr 2020  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal concerns the allocation of unsurveyed parcel ‘C’ on Manda Island which upon survey became Parcel No. Lamu Manda Island/93 (the subject land) to Houd Mohmoud Athman, the 1st respondent, and subsequently re-surveyed to create Parcel No. Manda Island/ 88 registered in the names of Rishad Hamid Ahmed and Abdulbasit Swaleh Mohdin (the 1st titleholders), and Parcel Nos. 176 to 185 registered in the names of Swaleh Mohamed Waziri, Nasra Hassan Mohamed, Ahmed Abdulhasim Kasim, and Jamila Yusuf Mohamed, and Matano Ahmed, Ndovu Masoud Mohamed, (the 2nd titleholders.)

By a letter of allotment dated 20th August 1997, the Commissioner of Lands, the 2nd respondent in the lower court, allocated the subject land to the 1st respondent. Following payment of the requisite survey and other fees, on 7th September 2007 he sought to obtain a certificate of lease for the subject land.

The 1st respondent claimed that he thereafter learnt that a Parcel No. Manda Island/58 had o…

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