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Lawrence Musango Oketch, Peter Opiyo & Joyce Wanjawa v. Karen Enterprises Limited

(2019) JELR 98236 (CA)

Court of Appeal  •  Civil Appeal 105 of 2017  •  21 May 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This appeal turns on whether a Court that is expressly divested of jurisdiction by Constitutional and Statutory fiat in a particular matter may nonetheless, for the noblest, most salutary reasons of expeditious justice, party autonomy and consent or such other well-intentioned and pragmatic reasons, go ahead to hear and determine such a matter.

By a Plaint filed way back on 27th May 2005, Karen Enterprises Limited (the respondent) who is the registered proprietor over a parcel of land Reference 16345 (the land) within Kisumu Town, alleged that the appellants had without any colour of right whatsoever trespassed on the land some time in 2004; within a span of 3 years, the appellants had erected structures on the land; the 1st appellant had constructed a semi-permanent house from mud and stone and excavated soil from the land; the 2nd appellant similarly constructed a semi-permanent house and several others for rental purposes; and the 3rd appellant had constructed a…

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