JUDGMENT OF THE COURT
1. This is an appeal against the ruling of the Hon. Justice Sergon delivered on 19th February 2008 in Mombasa HCCC No. 201 of 2007 dismissing the Appellant’s application for a temporary injunction. That ruling also applied to Mombasa HCCC Nos. 202 of 2007 and 204 of 2007.
2. The facts of the case are fairly simple and straight forward. By a letter of allotment Ref. No. 75892/XX dated 9th December 1996, the Commissioner of Lands leased to the first defendant the un-surveyed piece of land situated in Mombasa Island and known as UNS: BCR Plot C M. ISLAND for a term of 99 years from 1st December 1996. That piece of land was apparently later surveyed and designated Title No. Mombasa Island/Block XI/936 (the suit land). On 27th January 2003, the Commissioner of Lands issued to the first defendant.
3. In its plaint the Appellant claims that the suit land is part of an unclassified road reserve vested in the Municipal Council of Mombasa for maintenance and upkeep for the be…