JUDGMENT OF THE COURT
This is an appeal by the aggrieved plaintiff, FARAJ MAHARUS (Administrator of the Estate of Khadija – Rajab Suleiman), now the appellant, against the decision of Waki, J. (as he then was) given on 15th May, 1998 whereby he struck out the appellant’s suit under Order 6 of rule 13 (b) (c) and (d) of the Civil procedure Rules for being frivolous, vexatious and an abuse of the process.
The appellant and the 1st and 3rd respondents lay claim to a parcel of land situate in Mazeras Township formerly known as plot No. 26 but since 1994, surveyed and described as L.R. No. 1043/111/54 measuring about 3.722 hectares or approximately 9.2 acres. It is common ground that it has at all material times to the suit been government land.
The genesis of the dispute giving rise to this appeal has a very interesting legal history going back to, more or less, the turn of the last century.
On 13th July, 1926, the Land Officer of the Colony and protectorate of Kenya issued a Temporary Occupa…