Ruling
A judgment was delivered by the Environment and Land Court (ELC) at Mombasa (Yano J.) on January 17, 2019 in Mombasa ELC Case 424 of 1996 in favour of Saifudeen Abdulla Bhai and Hussein Abdulla Bhai, the Respondents herein. The learned trial Judge granted the said Respondents declarations that the interest purchased by Zainab Mwinyi (the Applicant herein) by way of an agreement of November 26, 1991, was a house without land which was built on a portion of land of Plot No. Mombasa/XVI/27 belonging to the Respondents; that the Applicant required the consent and authority of the Respondents as the land owners and landlords to demolish the said house; and that having failed to do so, the Applicant upon demolition became a trespasser and any structure or structures put up on the land thereafter were illegal.
The learned Judge in addition granted orders of injunctions restraining the Applicant from continuing construction of the illegal structures on the said Plot No. 27/XVI/mombasa (h…