JOHN KAMUNYA & ESTHER NJOKI KAMUNYA V. JOHN NGINYI MUCHIRI, JOB GICHURU NJOROGE, STEPHEN NGUGI KARIUKI & LYDIA JOB WAIRIMU

JUDGMENT OF THE COURT

Background Information.

The first respondent John Nginyi Muchiri moved to the High Court at Nakuru and filed HCCC No.583 of 1996 vide a plaint dated and filed on the 19^th day of November, 1996 against one Saul Korir Kiptalam (Saul), now deceased and John Kamunya Mutai the 1^st appellant.

The 1^st respondent sought and successfully obtained an injunctive relief on the 24^th day of March, 1997, first to restrain the 1^st appellant and Saul the deceased from cultivating and or doing any other act on the land then known as parcel No.33 Cedar Post 713; and two, to restrain them from interfering with the first respondent’s possession of the subject land. These orders were later extended with the consent of the parties on the 10^th and 17^th June, 1998 to last till the disposal of the main suit. Meanwhile, the 1^st appellant and the deceased Saul responded to that claim vide a joint defence dated the 28^th day of April, 1997 and filed on the 19^th day of April 1997.

Amendment of pla…