JUDGMENT OF THE COURT
[1] This is an appeal by Pankajkumar Hemraj Shah and Rajesh Hemraj Keshamji Shah, the 1st and 2nd appellants respectively. The appeal is against the decision of the Environment and Land Court (Angote, J.) delivered on 18th September, 2017 dismissing the appellant’s petition and allowing the cross petition of Habib Abumohamed and Ibrahim Muktar Abasheikh (2nd and 3rd respondents respectively).
[2] The appellants’ petition involved a dispute over a piece of land known as Kilifi/Jimba/400 (suit property), which the appellants claimed to have purchased from one Roberto Arnoldi (Roberto). The 2nd and 3rd respondents, also claimed to be the owners of the suit property, through purchase from Abbas Lali Ahmed (the 1st respondent), one Athman Shelali and Kahindi Karisa Ngala. The three were alleged to be beneficial owners having been allotted the suit property by the Government. The 2nd and 3rd respondents claimed to have acquired a leasehold title pursuant to that purchase…