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Ananias N Kiragu v. Eric Mugambi, Franklin Mwirigi & Martin Njeru

(2019) JELR 105682 (CA)

Court of Appeal  •  Civil Appeal (Application) 59 of 2016  •  14 Mar 2019  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



1. The gravamen of the matter before us which pitted the applicant against the respondents, who happen to be father and sons respectively, was with respect to the proprietorship of a parcel of land described as Subdivision No. 655 (Original No. 539 /39 ) Section III MN(suit land). On one hand, the applicant contended to be the sole proprietor of the suit land and that the respondents had not only trespassed on the land but also interfered with his possession. On the other hand, the respondents claimed to have interest over the suit land as a matter right by virtue of being in occupation of the same since birth.

2. As a result, the applicant filed a suit in the Environment and Land Court (ELC) being E.L.C No. 101 of 2015 seeking a permanent injunction restraining the respondents from interfering with his quiet enjoyment and their eviction. In the interim, the applicant prayed for an interlocutory injunction against the respondents by an application dated 25th June, 20…

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