JUDGMENT OF THE COURT
This is a first appeal from the Judgment of the High Court of Kenya at Mombasa (A. Omollo, J.) delivered on 22nd February, 2019. Rule 29 of the rules of this Court mandates us, in such an appeal, to reappraise the evidence and draw inferences of fact. For a judicial pronouncement of that mandate see the case of Peters v. Sunday Post [1958] E.A. 424 where the following passage appears:
“The first duty of this court is to assess, evaluate and subject the evidence tendered before the trial court to afresh scrutiny, and to draw its own conclusions, though bearing in mind that it has neither seen or heard the witnesses and should make allowance in this respect....”
In a plaint filed at the Environment and Land Court (“ELRC”) at Mombasa the appellants, Muhammad Awadh Salim, Mohamed Abdillahi Yusuf and Athman Naaman Mohamed (suing as Trustees of the Quran and Sunnah Society of East Africa) sued the respondents Kalimuddin Ebrahim Hassanali, K.M. Karimbhai t/a Karimbhai and …