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Andrew Marigwa v. Josephat Ondieki Kebati

(2015) JELR 105524 (CA)

Court of Appeal  •  Civil Appeal 197 of 2012  •  23 Apr 2015  •  Kenya

David Kenani Maraga, Festus Azangalala, Sankale ole Kantai



This is an appeal from the ruling of the High Court (Ruth Sitati, J.) delivered at Kisii on 17th May, 2012.

The appellant herein, Andrew Marigwa, filed suit by way of High Court of Kenya at Kisii claiming, among other things, declarations to the effect that the respondent, Josephat Ondieki Kebati, had encroached and " incised” portion of land comprising approximately 0.004 of a hectare of title number West Mugirango/Bonyamatuta/1724 (hereinafter "the suit land"); that the respondent his agents, servants and or other persons howsoever are wrongfully in occupation of the same land and that an order be issued evicting them therefrom and thereafter an order of permanent injunction be issued restraining them from the suit land.

Appurtenant to the plaint, the appellant lodged a Notice of Motion under the provisions of Order 40 Rules 1,2, and 3 of the Civil Procedure Rules, Sections 1A, and 1B, 3A and 63(e) of the Civil Procedure Act and all other enabling provisions of th…

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