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M V. R M

(1985) JELR 104607 (CA)

Court of Appeal  •  Civil Appeal 61 of 1984  •  14 Oct 1985  •  Kenya

Coram
John Mwangi Gachuhi Harold Grant Platt Alister Arthur Kneller

Judgement
<p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">The circumstances which gave rise to the suit, and this subsequent appeal, are distressing and provoke anxiety that some solution to this fairly prevalent social problem should begin to emerge.</p><p class="ql-align-justify">Mr. M, the appellant, had sued R M, the respondent for trespassing upon his property and committing acts of nuisance; during the year 1979. The particulars given were that:</p><p class="ql-align-justify">a) on various dates the defendant/respondent, R M brought her children, T O and AM K and their belongings into the plaintiff’s/appellant’s residence, and refused to move out, although requested to do so;</p><p class="ql-align-justify"> b) on July 26, 1979, the defendant wrongfully seized the plaintiff’s car (registration No [particulars withheld] and 4 airline miscellaneous charges order; keys for motor vehicle No [particulars withheld, personal letters and documents and a land certificate of the plaintiff’s shamba;</p><p class="ql-align-justify"> c) on February 12, 1980 the defendant insulted and abused guests and relatives of the plaintiff at his residence;</p><p class="ql-align-justify"> d) on February 16, 198…</p>

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