IN THE COURT OF APPEAL
AT MOMBASA
( Coram:Hancox JA, Chesoni and Nyarangi Ag JJA )
CIVIL APPEAL NO. 72 OF 1982
BETWEEN
WANJE and OTHERS..........................................................................APPELLANTS
AND
A.K.SAIKWA and OTHERS..............................................................RESPONDENTS
(Appeal from the High Court at Mombasa, Schofield J)
JUDGMENT
Chesoni Ag JA The four respondents A K Saikwa, AC Kanyarati, SW Kibogo and William Gachenga are the registered owners of a piece of land known as plot No 384/II situate on the Mainland Mombasa and comprising 444 acres or thereabout. They purchased it from Hussein Dairy Limited in 1974 and the transfer into their names was registered on September 6, 1974.
The appellants were alleged to have been living on the land when the respondents bought it, but Hussein Dairy Limited assured the purchasers that the appellants, who were then referred to as squatters, could be removed by serving on them three months’ notice. In his evide…