JUDGMENT
The 1st and 2nd respondents suing as the legal representatives and the heirs of the estate of the late Mohamed Said Suleiman Al-Busaidy sued Shell Company Old East Africa and Vivo Energy Kenya Ltd, the 3rd and 4th respondents respectively and National Oil Corporation, the appellant, at the Mombasa Environment and Land Court (ELC) vide a plaint dated 9th February, 2016. It was their case that their grandmother, Binti Sawadi leased Parcel L.R No. Mombasa/Block XV111/244 (hereafter the suit property) to the 3rd respondent in 1937 for a term of 99 years. Later when Binti died, her son Mohamed Suleiman Mohamed, the 1st and 2nd respondent’s father became the administrator and heir of her Estate.
Years later after Mr. Mohamed died, his sons the 1st and 2nd respondents inherited the suit property. It would appear that the 1st and 2nd respondents were not hands on landlords and did not give much attention to what was happening on the suit property. Even as ownership of the property chan…