JUDGMENT
The Appellant herein, Khadija Mohamed, is dissatisfied with a judgment by the Environment and Land Court (ELC) at Malindi, which dismissed the suit she had filed therein, and ordered her to execute a cross transfer for the Respondents to take the vacant plots among the ten plots that were the subject matter of the suit, within thirty days of the judgment. In default, the Deputy Registrar of the ELC was to forthwith execute the same.
The said Appellant, in an Amended Plaint dated 28th November 2013 filed in the ELC, had sought declarations that the titles issued to the Respondents in respect of the parcels of land known as 1734/528 and 1734/459 Maisha Mapya Scheme (hereinafter the “suit properties”) were null and void, and that she was the owner of the suit property and has a right to continue owning the suit property; that the Respondents be restrained by a permanent injunction from encroaching or remaining on the said land; the Respondents be compelled by an order of mandatory…