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Christopher Kagema Gichuhi v. Livingstone Gitome Kohiguka

(2016) JELR 103197 (CA)

Court of Appeal  •  Civil Appeal 290 of 2009  •  19 May 2016  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Background

1. This is an appeal from the ruling of the High Court (Khamoni, J) dated 13th December, 2007 wherein the court dismissed the appellant's application for review.

2. The genesis of this matter goes back to a plaint dated 7th March 2002, in which the appellant sought several orders against the respondent including an order of injunction restraining the respondent from trespassing on L.R NO. NGONG/NGONG 5862 [the suit property]; an injunction restraining the respondent from selling, alienating, disposing of, mortgaging, charging and or in any way encumbering any part of the suit property; an eviction order against the respondent, his agents, servants and or assignees and mense profits from the date the trespass commenced until the respondent vacates and delivers vacant possession of the suit property to the appellant.

3. The respondent filed a defence on 2nd April, 2002 denying the allegations levied by the appellant. The respondent contended that the matter …

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