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Danson Munene Kibetu v. Edward Njeru, Evans Mbogo Mwangi & James Muriuki Kiragu

(2020) JELR 102878 (CA)

Court of Appeal  •  Civil Application 31 of 2020  •  4 Dec 2020  •  Kenya

Coram
Martha Karambu Koome, William Ouko, Sankale ole Kantai

Judgement

RULING OF THE COURT

In a Judgment delivered on 30th April, 2020 by the Environment and Land Court at Kerugoya (Cherono, J.) the applicant’s suit failed and was dismissed. The applicant had sought various orders: a declaration that he was the owner of Plot No. 215 Kerugoya; a declaration that the acquisition of a leasehold in respect of a Plot No. Kerugoya/Township/250/448 was improper, unprocedural, illegal, null and void ab initio; an order for cancellation of the said leasehold interest and a permanent injunction to issue restraining the respondents from encroaching or trespassing on Plot No. 215 Kerugoya. The respondents resisted the claim and, as stated, the suit was dismissed.

We are asked in the Motion on Notice said to be brought under rules 1 (2) and 5(2) (b) of the Rules of this Court in the main, to order that pending the hearing and determination of the application and of an intended appeal, we grant an injunction against the 3rd respondent (James Muriuki Kiragu) restraining …

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