JUDGMENT OF THE COURT
The origin of this dispute are two letters of allotment in respect of land parcel L.R.No.1956/348 – VOI MUNICIPALITY, both issued on the same day – 6th November, 1998 – one to Japheth Mwakala, the respondent and the other to Linda Wavinya Kilonzo, not a party to this appeal but named as the 1st defendant in the suit. The latter, subsequent to the allocation and after obtaining a grant of lease, transferred the property to Hassan Huri (the 1st appellant) who in turn has transferred it to Abdulrazak Huri Ibrahim (the 2nd appellant).
The respondent brought an action against the three for a declaration that the title in respect of the property issued to the 1st appellant and the subsequent transfers were illegal, null and void. He also prayed for the cancellation of the title, and a permanent injunction against the 2nd appellant to restrain him from interfering or dealing with the property. For their part the appellants argued that the original proprietor, Linda Waviny…