PETER KIM BAKER & 2 OTHERS
V.
SIDI KATANA BONGO & ANOTHER

JUDGMENT OF THE COURT

The appellants herein laid claim on two parcels of land namely, Kilifi/Mtondia/1113 and Kilifi/Mtondia/1114, (the suit lands) by institution of a suit against Sidi Katana Bongo (Sidi) and Bahari Katana Bongo (Bahari) (the then 1^st and 2^nd defendants and now the 1^st and 2^nd respondents). In particular, all the 3 appellants laid claim on title Number Kilifi/Mtondia/1113 whilst the 1^st and 3^rd appellants laid claim on title number Kilifi/Mtondia/1114.

The appellants averred that they are the registered owners of the suit lands, the 1^st and 3^rd appellants having purchased Kilifi/Mtondia/1114 from Kenga Katana Bongo and Gaone Katana Bongo and all the 3 appellants having purchased Kilifi/Mtondia/1113 from Katana Bongo Masha (the deceased).

In a statement of defence and counter-claim, the respondents denied that there was a sale and further averred that Kenga Katana Bongo and Gaone Katana Bongo (who are sons of the deceased) had no authority to transfer Kilifi/Mtondia/1114…