YASIN MOHAMED JAMAL V. ALI DAUD MOHAMED

JUDGMENT OF THE COURT

The parties in Nairobi HCCC No. 152 of 2004 were Ali Daud Mohamed (the respondent herein as plaintiff); Anthony Makilya Mwatnza and Joseph Kioko Mwanza (named as administrators of the estate of Philomena Mueni (deceased) as 1st defendant, Commissioner of Lands as 2nd defendant and Chief Land Registrar as 3rd defendant.

That suit was compromised in a consent recorded by Waweru, J. on 14th September, 2009 which consent was signed by counsel for the parties. The consent in essence confirmed that the 1st defendant in that suit had sold property known as L.R. No. 36/11/159 Eastleigh, Nairobi to the plaintiff. On 17th September, 2009 counsel for the parties appeared before the said judge together with their clients. The said consent was confirmed and recorded by the learned judge and the parties also appended their signatures to the consent duly signed by the learned judge confirming that they had all agreed that the suit be compromised and the property be transferred to…