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Martin Chiponda, Shida Charo, Dalu Chigamba Munga, Ephraim Kitsao Baya & Kazungu Katana v. Bandari Investment Company Limited, National Police Service, Regional Cordinator, Coast, Attorney General, County Government of Mombasa & Oriole Investment Limited

(2018) JELR 99271 (CA)

Court of Appeal  •  Civil Appeal 21 of 2018  •  20 Sep 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] This appeal impugns the interim orders given on 19th December, 2017, issued in favour of the 1st respondent in respect of land described as LR Plot No. Subdivision No. 817 (Original No. 324/2 Section II MN) - the suit land. Even though the orders were ostensibly aimed at preserving the subject matter, the appellants are of the view that they only served to unlawfully bestow possession of the suit land upon the 1st respondent and that by their nature, such orders should not have been granted prior to an inter parties hearing of the application. It is on that premise that the appellants have presented this appeal.

[2] The background of the matter is that the 1st respondent moved the trial court vide a Constitutional Petition which sought declaratory as well as conservatory orders against the appellants and some 13 other individuals in respect of the suit land. In her claim, the 1st respondent termed the appellants as trespassers and squatters who had persistently…

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