JUDGMENT OF THE COURT
By this appeal Nairobi Permanent Markets Society and the above named eleven other appellants (the appellants) have appealed from the order dated 27th March, 1996 made by Mbogholi Msagha, J. in High Court Civil Case No.3623 of 1995 in which the appellants sued Salima Enterprises Ltd, (the company) Nairobi City Council (the Council) and the Registrar of Lands, Nairobi (the Commissioner) on their own behalf and on behalf of some other unnamed stall owners at the Westlands Permanent Market, Nairobi for a declaration which is hereinafter alluded to.
In the plaint it was alleged that the 2nd to 8th appellants were permanent stall owners within the Westlands Permanent City Council Market and the 9th, 10th, 11th and 12th appellants were temporary stall owners in the said market situated on a piece of land known as L.R.1870/45/IX. It is also alleged that the former mentioned appellant and other stall owners in that market are the members of the 1st appellant Society. The Co…