Mohamed Kamil Jaid and others Vs. Sithy Ayesha Rizvi – C A PHC APN/115/2015-2015

In the case between Mohamed Kamil Jaid and Mohamed Musin Haniffa (Respondent-Petitioners) and Sithy Ayesha Rizvi (Petitioner-Respondent), the court addressed the issue of entitlement to possession of a disputed shop under Section 68 of the Primary Courts Procedure Act No. 44 of 1979. It was held that only the party shown to be in actual possession at the time of the initial information, or lawfully dispossessed within two months preceding the information, is entitled to relief for restoration of possession. The principle reaffirmed is that such proceedings are intended to prevent breaches of peace rather than determine proprietary rights. Reliance was placed on statutory requirements and relevant precedent, clarifying that failure to establish actual possession or recent forcible disposses