JUDGMENT OF THE COURT
1. Tom Otieno Omboya (the respondent) instituted proceedings before the Environment and Land Court in Mombasa, (“ELC Court”) by way of Plaint dated 10th of September, 2013 to assert his rights over property known as Title No.;CR3383.1, subdivision CR1705/3, Subdivision No.7446 (orig 1482/120) Section II/MN Mombasa (suit property) together with all the buildings, improvements and structures thereon.
2. He sued Zum Zum Investment Limited (Zum Zum), Habitat and Housing in Africa (Shelter Afrique) and Purity Achieng Ouko (the appellant) as 1st, 2nd and 3rd defendants respectively. Zum Zum and Shelter Afrique are named as interested parties in this appeal. The suit property was registered in the name of Zum Zum and the same was charged to Shelter Afrique, the 2nd interested party in the appeal. According to the respondent, on 29th April, 2004, Zum Zum sold the suit property to the appellant who is then said to have sold it the same day to the respondent at an agreed con…