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Chrispus Chengo Masha, Charo Mwandima Tunje,Joseph Kasena Yeri, Katana Mwandima Mwanje, Mwanje Mwandima Finyange, George Katana Yeri, Yeri Fredrick Changawa & Thomas Hinzano Ngonyo v. Daniel RICCI

(2017) JELR 103204 (CA)

Court of Appeal  •  Civil Appeal 90 2015  •  17 Feb 2017  •  Kenya

Coram
Martha Karambu Koome, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The 8 appellants in this appeal are aggrieved by the judgment and decree of the High Court at Malindi, (Meoli, J.), dated 28th May 2015 by which the learned judge dismissed, with costs, their suit for a permanent injunction to restrain the respondent, Daniel Ricci, from erecting a perimeter wall on the parcels of land known as Ngomeni Squatter Settlement Scheme Nos. 1379, 1386, 1390, 1391, 1393, 1394, 1395 and 1757 (the suit property). Although sued as the defendant, it turned out that the respondent is merely a director of a company known as Kenland Enterprises Limited (the Company), which claims ownership of the suit property and was responsible for construction of the wall that the appellants sought to stop. The appellants claim that it was for the respondent to apply to join the company in the suit, while the respondent retorts that he had no such duty, it being the responsibility of the appellants to institute the suit against the correct party.

Be that as it …

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