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Joseph Mzungu Nyoka v. Vros Produce Limited & 525 others

(2015) JELR 100614 (CA)

Court of Appeal  •  Civil Appeal 1 of 2014  •  12 Feb 2015  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] Joseph Mzungu Nyoka (hereinafter referred to as “the appellant”) was the 9th defendant in the Environment and Land Court Case No. 171 of 2013 at Malindi (ELC No. 171/2013). Apart from the appellant, there were 525 other defendants who are now respondents to this appeal. These included the Chief Land Registrar (3rd respondent), the Attorney General (4th respondent), the Officer in Charge, Kijipwa Police Station (5th respondent), County Police Commander, Kilifi County (6th respondent), the Inspector General, National Police Service (7th respondent), Lukas Owiti (9th respondent) and Lewis Gogo (10th respondent). ELC No. 171 of 2013 was filed by Vros Produce Limited and Dew Reality Limited who are now the 1st and 2nd respondent to this appeal (hereinafter referred to as Vros Ltd and Dew Ltd respectively).

[2] The dispute in ELC 171 of 2013 related to a parcel of land formerly registered as Sub Division No. 150/Section IV/Mainland North CR No. 13080/1 (hereinafter r…

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