JUDGEMENT OF THE COURT
This is an appeal by the plaintiff, ABUBAKAR ZAIN AHMED, the appellant herein, from the ruling and order of the High Court of Kenya at Mombasa, (Onyancha, J.) made on 4th March, 2004 whereby the learned Judge struck out and dismissed the appellant’s suit against the 1st, 3rd, 4th and 5th respondents as disclosing no reasonable cause of action and being frivolous and vexatious and an abuse of process of the court.
The facts giving rise to the dispute the subject matter of this appeal are briefly as follows. By a General Power of Attorney dated 15th April, 1981, Latifa Said Ahmed, (Latifa) appointed her natural father Zain Ahmed Zain, the 2nd respondent herein, to manage and transact all her affairs in Kenya, including the power to mortgage and charge her properties. At the time Latifa was mostly resident in the United Arab Emirates. She was a proprietor in common in equal shares of certain properties known as Mombasa/Block X/14 and Mombasa/Block XX/156 with Fathiya…