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Kingata Kithoi & Richard Kimatu v. Mbevi Kioko & Makava Musyoka

(1982) JELR 99815 (CA)

Court of Appeal  •  Civil Appeal 37 of 1981  •  19 Mar 1982  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram:Law, Miller and Potter JJA)

CIVIL APPEAL NO 37 OF 1981

Between

KINGATA KITHOI ....................................APPELLANT

RICHARD KIMATU ...................................APPELLANT

AND

MBEVI KIOKO.......................................RESPONDENT

MAKAVA MUSYOKA.............................RESPONDENT

JUDGMENT

Law JA The respondents in this appeal were the plaintiffs in Civil Suit No L 44 of 1977 in the District Court at Uaani in Machakos District. The appellants were the defendants. The respondents claimed that the appellants had encroached on part of their land. The magistrate heard a number of witnesses and visited the disputed land. He satisfied himself that there had been no encroachment; that the boundaries between the land of the respondents and the appellants were established and marked by sisal hedges and that the respondents’ claim was without merit. He gave judgment for the appellants.

The respondents appealed to the Resident Magistrate at Macha…

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