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Kenya Railways Corporation v. Anne Wambui Gatheru & David Ndirangu Wambugu

(2019) JELR 99948 (CA)

Court of Appeal  •  Civil Appeal 97 of 2018  •  10 May 2019  •  Kenya

Erastus Mwaniki Githinji, James Otieno Odek, Fatuma sichale



This is an Appeal from the Ruling of Ochieng’, J. delivered on 19th February 2018. A brief background to this appeal is that the respondents herein (Anne Wambui Gatheru and David Ndirangu Wambugu) (the then plaintiffs/applicants) filed a Notice of Motion dated 14th November, 2017 against the appellant herein, Kenya Railways Corporation and China Communications Construction Company Ltd (the then 1st and 2nd defendants/respondents respectively). The respondents sought, inter alia the following orders:-

“(1). ...

(2). ...

(3)An order that this court be pleased to grant an injunction restraining the Defendants/Respondents whether by themselves, their servants and/ or agents from trespassing on, wasting, constructing on, alienating or otherwise interfering or dealing with the Plaintiffs’/Applicants’ properties being Title Number Kajiado/Ntashart/263 and 265 pending the hearing and determination of this suit.

(4)An order that the Officer Commanding Ngong Police Station do e…

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