TELEPOSTA PENSION SCHEME REGISTERED TRUSTEES V. SAID HEMED, ISLAM ALI INVESTMENTS LIMITED, NATIONAL LAND COMMISSION & DISTRICT LAND REGISTRAR MOMBASA

JUDGMENT OF THE COURT

The appellant, Teleposta Pension Scheme Registered Trustees has appealed to this Court seeking to have the trial judge’s (A. Omollo, J.) decision dismissing its suit, that is ELC No. 229 of 2013 in the Environment and Land Court set aside and for the suit to be reinstated.

The appellant had filed the suit against Said Hemed, the 1^st respondent, and Islam Ali Investments Limited, the 2^nd respondent, seeking orders to the effect that the property known as Title Number Mombasa/Block XXVI/665 (the disputed property) was vested in the appellant, and that the Certificate of Lease of the disputed property issued to the 1^st and 2^nd respondent on 10^th May 1994 be declared fraudulent, illegal, null and void. Also sought was a permanent injunction restraining the 1^st respondent his servants and agents from taking possession of, selling, disposing of, charging, alienating or dealing with the disputed property and an order directing the Commissioner of Lands to cancel the impug…