JUDGMENT
CHESONI Ag JA
The four respondents A K Saikwa, AC Kanyarati, SW Kibogo and William Gachenga are the registered owners of a piece of land known as plot No 384/II situate on the Mainland Mombasa and comprising 444 acres or thereabout. They purchased it from Hussein Dairy Limited in 1974 and the transfer into their names was registered on September 6, 1974.
The appellants were alleged to have been living on the land when the respondents bought it, but Hussein Dairy Limited assured the purchasers that the appellants, who were then referred to as squatters, could be removed by serving on them three months’ notice. In his evidence Mr Kanyarati said that he informed the authorities that he was going to remove the appellants. The appellants wrote to the Provincial Commissioner informing him that they would not move. That letter is dated October 3, 1974. The Chief had on September 30 asked the appellants to let the respondent use the land. On December 10, 1974 the District Commissioner …