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JEDIDAH WAMBUI KARANJA & MARTIN THIRIMBU KARANJA(LEGAL REPRESENTATIVES OF MARY NJOKI KARANJA DECEASED) V. ESTHER NJOKI NDIRANGU & AMOS KINUTHIA NDIRANGU (LEGAL REPRESENTATIVES OF PETER NDIRANGU KINUTHIA DECEASED)

(2019) JELR 101020 (CA)

Court of Appeal  •  Civil Appeal 36 of 2017  •  8 Feb 2019  •  Kenya

Coram
Patrick Omwenga Kiage JA Agnes Kalekye Murgor JA Kathurima M'inoti JA

Judgement

JUDGMENT OF THE COURT

By this appeal the appellants Jedidah Wambui Karanja and Martin Thirimbu Karanja who are the legal representatives of their deceased mother Mary Njoki Karanja (Njoki) challenge the decision of the High Court at Nairobi (H.P.G. Waweru, J.) made on 18th December 2013 by which it was decreed as follows in favour of their uncle Peter Ndirangu Kinuthia (Peter) who was the plaintiff;

“1. That it is declared that the 1st defendant wrongfully evicted the plaintiff from his own land parcel No. L.R. Muguga/Gitaru/1705, and the 1st defendant (and now the substituted 1st defendants) became a trespasser therein.

2. That the substituted 1st defendants shall vacate the plaintiff’s land parcel L.R. Muguga/Gitaru/1705 within fourteen (14) days from the date of delivery of this judgment and give the plaintiff vacant possession thereof and in default they be forcibly evicted thereofrom and the plaintiff put into possession.

3. That a permanent injunction be and is hereby granted restr…

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