Hassan Hashi Shirwa Omar Ali Hamed v Swaleh Mohamed Saleh Mohamed Bakari Ali Mzee Omari Waziri Abdalla Waziri Ayubu Shekue Abdillahi Mohamed Abdalla Shee

REPUBLIC OF KENYA High Court at Malindi Civil Suit 41 of 2012 HASSAN HASHI SHIRWA OMAR ALI HAMED.....................…….....................…….…………..PLAINTIFFS VERSUS SWALEH MOHAMED SALEH MOHAMED BAKARI ALI MZEE OMARI WAZIRI ABDALLA WAZIRI AYUBU SHEKUE ABDILLAHI MOHAMED ABDALLA SHEE…………………………………………..….............DEFENDANTS RULING Upon a careful consideration of all the affidavits sworn in support of and opposition to the plaintiffs' application filed on 15th March 2012, I am not satisfied that the plaintiffs have established a prima facie case as defined in Mrao Ltd vs First American Bank of Kenya Ltd & 2 others [2003] KLR 125. The Respondents have raised a serious challenge to the plaintiff's title which puts paid the question of damages. Besides the balance of convenience tilts in favour of the respondents who on the face of it are in possession of the suit property. The application is dismissed with costs. In view of the impending vacation and pressure of work, full reason for the decision will be given on 22nd February, 2013 at 2.30pm. Delivered and signed at Malindi this 13th day of December, 2012 in the presence of Mr. Mbogo holding brief for Mr. Sitonik for the plaintiffs, Mr. Omwancha for the defendants. C. W. Meoli JUDGE