JUDGMENT
In this appeal, the appellant, Abdulrazak Abdulrehman Adam (“the appellant”), has challenged a judgment of the Environment and Land Court at Mombasa (Yano, J.) delivered on 2nd April 2019 dismissing his suit. In that suit, the appellant sought nullification of a transfer of a property known as Mombasa/Block XXXIII/19(“the Property”) in favor of his siblings, Aslam Abdulrehman Adam, Shamin Abdulrehman Adam, Khatijabai Abdulrehman Adam and Serabanu Abdulrehman Adam, the 1st to 4th respondents respectively.
By a Transfer dated 31st March 2008, Sakinabai Haji Abdulla Ibrahim, the then registered owner of the Property and the mother of all the parties hereto, transferred it to the 1st respondent. In his re-amended plaint, the appellant averred that his brother, the 1st respondent, who was ordinarily resident in United Kingdom, visited Kenya and caused their mother to transfer the Property to him to “the exclusion of all other children and beneficiaries” of their mother. He pleaded t…