JUDGMENT OF THE COURT
This appeal arises from the ruling of the High Court of Kenya at Mombasa (Emukule, J.) in a judicial review application for an order of certiorari to quash the decision of the Commissioner of Lands dated 23rd April 2010. By that decision the Commissioner issued Grant No. CR. 47848 to Anthony Mudachi (3rd respondent), Richard Kalundi Mudachi (4th respondent) and Amos Kilonzo Katetei (deceased), as joint tenants in common in equal shares in LR No. 28164 in Kilifi, (the suit property). The suit property measures approximately 4.686 Ha in area.
In the trial court the appellants, Athman Mbosio Mwakulu and Kimanzi Elijah Mwakulu, contended that the said grant was issued unlawfully because the area where the suit property is situate had already been declared an adjudication section and all dealings with the land in the Section suspended. On their part, the 3rd and 4th respondents contended that the suit
property was private property, having been set apart under the Trust L…