JAMES NGUNU GIKARIA & DOUGLAS GACHU MURAGE V. EPHRAIM MAINA MURIUKI & KARIRA NDEREMANO KIBUCHI

JUDGMENT OF THE COURT

This is an appeal against the ruling of the High Court of Kenya at Nyeri (Juma, J) delivered on 17th February, 1999, by which decision the learned Judge refused to review a judgment entered in terms of an award by the District Surveyor, Kirinyaga.

The facts of the case giving rise to this appeal can be stated in stark simplicity. By a plaint dated 22nd June, 1992, the appellants, the plaintiffs in the superior court, averred that they are the registered proprietors of land parcel No. Mwerua/Kagio/630/241 at Kagio Market, the suit land, and that in or about 1991, the respondents, the defendants in the superior court, without any reasonable cause or claim of right trespassed onto the suit land and constructed buildings on it. It is further averred that the respondents had prevented the appellants from making use of the suit land and had in consequence occasioned them great loss and damage.The appellants then sought general damages and an order for removal of the resp…