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Kimathi M'riria, Paul Gituma, Mutuma M'riria, Murithi M'riria, Kinoti M'riria & Mwiti M'riria v. Harun Muthomi

(2020) JELR 99823 (CA)

Court of Appeal  •  Civil Application 149 of 2019  •  4 Dec 2020  •  Kenya

Coram
Martha Karambu Koome, William Ouko, Sankale ole Kantai

Judgement

RULING OF THE COURT

The respondent’s claim before the court below was that he is the registered owner of the suit land, NTIMA/IGOKI2004 and that he has always been in possession and occupation of the land. The applicants, who are brothers, live and own the parcel of land which borders the suit land. The respondent alleged that the applicants have encroached on and occupied a portion of the suit land measuring 0.3 acres without any right or consent of the respondent. The latter brought an action against the applicants for an order of permanent injunction to restrain them from trespassing, occupying, cultivation, building on or entering the suit land or in the alternative, an order of eviction of the applicants from the suit land.

The applicants in their defence denied the above allegations insisting that they have been in occupation of the suit land since 1968; that the remains of their parents were interred on the suit land; that their occupation of the suit land has been open, exclusiv…

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