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(1977) JELR 103192 (CA)

Court of Appeal  •  Civil Appeal 63 of 1976  •  11 Feb 1977  •  Kenya

Eric John Ewen Law, Abdulla Mustafa, Justin Saulo Musoke



This is an appeal by the plaintiff in a suit filed in the High Court at Nakuru against a “ruling” by Nyarangi J refusing to set aside an order made by him on 7th November 1975. The plaint in the suit was for damages for trespass to the plaintiff’s land. By their defence and counter-claim the defendants averred that they had entered on the land as owners, having purchased it from the plaintiff and paid for it, and they prayed, inter alia, for an order transferring the title to the land to them. A reply to the counterclaim was not filed in time, and the defendants applied for and obtained judgment ex parte against the plaintiff under the Civil Procedure Rules, order XII, rule 6. The judgment so obtained was set aside by this Court [1976] Kenya LR 87. We are informed that the plaintiff then re-entered upon the disputed land and is still in occupation, and that he has successfully applied for a temporary injunction restraining the defendants from interfering with the land pending …

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