SWALEH MOHAMED WAZIRI, NASRA HASSAN MOHAMED, AHMED ABDULHASIM KASIM & JAMILA YUSUF MOHAMED V. HOUD MOHMOUD ATHMAN & ATTORNEY GENERAL

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 1^st 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 1^st 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 2^nd titleholders.)

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

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