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Ephuntus Kihara Guchu v. Grace Gathoni Matu, Mary Muthoni Mbugua, Leah Wambui Kimani, Josephine Muthoni Wamwea & Deas Wanjira Njoki (Officials of Multipurpose Women Group)

(2020) JELR 102423 (CA)

Court of Appeal  •  Civil Appeal 5 of 2019  •  3 Apr 2020  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



1. In a suit filed before the Resident Magistrate’s Court at Mombasa, the appellant, Ephuntus Kihara Guchu, claimed that by an agreement for sale made on 24th October 2007, the respondent, being the officials of Multi-Purpose Women Group, described in the plaint as “a society registered under the Societies Act Cap. 108 Laws of Kenya” (the Group) sold to him “a plot without title” for Kshs.30,000.00; that upon purchasing the plot he began construction; that in breach of the agreement, the respondent interfered with his quiet possession of the property and that on 6th May 2011, the respondent trespassed on the property and demolished his house thereby occasioning him loss and damage.

2. He prayed for judgment for general damages for breach of contract; a permanent injunction to restrain the respondent from interfering with his possession and occupation of the property or alternatively the sum of Kshs.30,000.00; the value of the demolished house in the amount of Kshs…

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