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Karugi & another v. Kabiya & 3 others

(1983) JELR 100222 (CA)

Court of Appeal  •  Civil Appeal 80 of 1982  •  16 Nov 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Harold Grant Platt, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Hancox JA, Chesoni and Platt Ag JJA)

CIVIL APPEAL NO. 80 OF 1982

KARUGI and ANOTHER ....................APPELLANTS

VERSUS

KABIYA and 3 OTHERS...................RESPONDENTS

(Appeal from the High Court at Nyeri, O’Kubasu J)

JUDGMENT

The appellants are the registered proprietors of plot No. 18A Kiawarigi Market, Mathira Division of Nyeri District. The plot was allocated to them in 1946 and the respondents say they were co-allottees with the appellants. The appellants who in their plaint said that they had developed

the plot so that its value was Kshs.100,000 at the time of the trial of their suit, were further developing the plot when the County Council of Nyeri,the District Officer for Mathira Division and the Chief of Konyu Location at Karatina instructed them in writing between November and December 1980, to stop all construction work on the plot. The appellants complied and as a result of that interference they had suffered loss. The appellants contend…

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