judy.legal
Login Register

Joseph Nyamamba,Isaac Kiprono Ngetich,William Nyaega,Benjamin Njeru & Timothy Berre v. Kenya Railways Corporation

(2015) JELR 100590 (CA)

Court of Appeal  •  Civil Appeal 235 of 2009  •  4 Dec 2015  •  Kenya

Coram
Mohammed Abdullahi Warsame, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellants Joseph Nyamamba, Isaac Kiprono Ngetich, William Nyaega, Benjamin Njeru and Timothy Berre filed suit at the High Court of Kenya, Nairobi, against the respondent, Kenya Railways. It was alleged in the plaint, inter alia, that the appellants were respectively the owners and/or proprietors of certain parcels of land identified as L.R. No. 209/18267, L.R. No. 209/18269, L.R. No. 209/18263, L.R. No. 209/18259 and L.R. No. 209/18262 on which developments had been made by the appellants. Ownership was claimed by the appellants through letters of allotment issued by the Commissioner of Lands on various dates in 1999. Those letters were exhibited as part of the pleadings. It was further alleged that on the 10th of November, 2008 the respondent placed 'X' marks on the suit properties and also 'KR' signs and that on 13th November, 2008 at about 2 a.m. the respondent through its agents moved into the suit lands and demolished all existing structures then standin…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login