CORNELIUS MICHUBU M\'ITABATHI V. GODFREY BARIU & 2ORS

JUDGMENT OF THE COURT

This appeal emanates from the ruling of the High Court at Meru (Lenaola, J.) dated 3^rd July, 2007 in which the learned Judge summarily rejected the appeal filed by the appellant.

The brief facts of this appeal are that the appellant herein erected a commercial building on his property described as Maua Township/4. The portion of land in front of the commercial building served as a parking area and provided for the sewerage drainage as well as the entrance to the appellant's commercial building. The appellant learnt sometime in 1998 that the 3^rd respondent had surveyed and allocated the land in front of his commercial building, which had since started being described as plot No. 79 Maua Township (suit land) to the 1^st and 2^nd respondents. He was apprehensive that the 1^st and 2^nd respondents would erect a building on the suit land which would have adverse effects on the sewage system and would also block his commercial building rendering it commercially unviable. Sub…