JOHN GITONGA KIHARA, MARY WANJIKU MBUGUA, OLONGIDA OLE NGILORITI, MICHENI MUSA & ANOTHER V. KASIGAU RANCHING (D.A.) LIMITED

JUDGMENT OF THE COURT

This is an appeal by the defendants against the grant by the superior court (Dugdale J), of an interlocutory injunction on the 11^th day of April, 1994 restraining them from entering on to the plaintiff’s land until final determination of the suit.

The plaintiff was at all material times and is the registered owner of all the piece of land known as L.R. 12180 Situated at Kasigau measuring about 35,600 acres or thereabout (the property) which was due for sale to pay off a loan owed by the plaintiff to Agricultural Finance Corporation amounting to over Shs.9m but the same could not be sold unless the defendants were stopped from carrying on their activities on the property: Otherwise the plaintiff stood to suffer irreparable loss because its land and other assets may be sold. Despite the fact that the defendants were informed of the impending sale and had been asked to stop trespassing they persisted in doing so. Hence the plaintiff filed the suit in the superior cour…