JAMES MWANGI KARIUKI V. NANASI HOUSING CO-OPERATIVE SOCIETY LIMITED

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court (Onyancha, J.) allowing the appeal by Nanasi Housing Co-operative Society (Society) against the ruling of the Senior Resident Magistrate, Thika By a plaint dated 27^th April 2009 and filed in the Chief Magistrate’s Court at Thika, James Mwangi Kariuki the appellant herein sought a permanent injunction to restrain the society from repossessing or from interfering with appellant’s title and possession of plot Number 325 Nanasi Estate, phase one. The appellant averred in the plaint that he was a bona fide purchaser and allottee and that the society had informed him that it had repossessed the plot and it would be allocated to a third party. The appellant further averred that the action of the society is fraudulent and illegal.

The society filed a statement of defence denying the allegations in the plaint and averred, inter alia, that the suit is fatally defective as it offends By-law Nos. 20 and 58 of the Society’s …