WALTER JOE MBURU V. ABDULSHAKOOR SHEIKH, OPUS INVESTMENT LTD, NATIONAL SOCIL SECURITY FUND & COMMISSIONER OF LANDS & REGISTRAR OF TITLES

JUDGMENT OF THE COURT

This appeal is from the judgment of the High Court (Ransley, Commissioner of Assize) as he then was dated 14^th March, 2015 in Nairobi High Court Civil Case No. 1191 of 1999. The appellant in that case sued Abdul Shakoor Sheikh (“the respondent”), Opus Investment Ltd. (“the 2^nd respondent”) National Social Security Fund (“the 3^rd respondent”) and the Commissioner of Lands together with the Registrar of Titles, (“the 4^th respondent”) for three reliefs namely, a declaration that the sale and transfer of LR No. 209/324/3 (hereinafter “the suit property”) by the 1^st respondent to the 2^nd respondent and subsequently to the 3^rd respondent was null and void and the same be nullified; specific performance of the agreement dated 30^th August, 1968 between Abdul Raoof Sheikh and Mrs. Rosta W. Mburu and general damages for unlawful eviction.

The 3^rd respondent lodged a Chamber Summons dated 11^th July, 2001 in which it sought two principal reliefs in the alternative. It sought t…