ABDULATIF AHMED YUNUS
V.
HUSSEIN MOHAMED ABDULKADIR & ANOTHER

JUDGMENT OF THE COURT

This is an appeal arising out of a judgment delivered by Angote, J on 28^th February, 2014.

Briefly, the appellant herein Abdulatif Ahmed Yunus filed a suit against Hussein Mohamed Abdulkadir (the 1^st respondent) and the District Land Registrar, Lamu (the 2^nd respondent) on 7^th November, 2011. In the plaint, the appellant averred that he was the owner of 4/15 shares on Plot No. Lamu /Block 1/714 (the suit land) situated within Lamu Township; that on 28^th June, 1991, he entered into a sale agreement with the 1^st respondent for the latter to buy the suit land; that the 1^st respondent paid him Kshs.50,000/- and as agreed took possession of the suit land and finally that the two respondents fraudulently caused the suit land to be transferred to the 1^st respondent before payment of the full purchase price. His prayers were:

“A declaration that the transfer of 4/15 shares on Plot No. Lamu/Block 1/714 Lamu to the 1^st defendant by the 2^nd defendant was null and void.

An order…