ZACHARIUS MWERI BAYA V. MOHAMED SHEIKH ABUBAKAR

JUDGMENT OF THE COURT

The appeal before us arises from the decision of the superior court (Maraga J) in which the learned Judge allowed an application made by the respondent herein for summary judgment in a dispute relating to land. The respondent, Mohamed Sheikh Abubakar (Mohamed) went before the superior court on 14^th January, 2004 and filed HCCC No. 7 of 2004 against the appellant here, Zacheus Mweri Baya (Baya). He pleaded that he was the registered owner of all that piece of land known as plot No. 5054/1463 in Kilifi (the disputed land), and that at a time unspecified, Baya trespassed on the disputed land, constructed a building thereon and occupied it. He then sued Baya before the Chief Magistrate’s Court in Mombasa CMCC No. 1432 of 1998 for eviction but, before the suit was finalised, Baya went to the Commissioner of Lands and obtained a letter of allotment for the portion he was occupying. Mohamed went to the superior court and filed a judicial review application seeking to hav…