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Mary Igandu Kigotho v. Michael Wang'ombe Gititu

(2018) JELR 99243 (CA)

Court of Appeal  •  Civil Appeal 8 of 2016  •  6 Jun 2018  •  Kenya

Coram
Philip Nyamu Waki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of Waithaka, J. delivered on 24th September 2015 dismissing an application for injunction as well as the main suit filed by the appellant. MARY IGANDU KIGOTHO, the main suit was an originating summons (hereinafter O.S.) filed on 31st March, 2014 against MICHAEL WANG’OMBE GITITU, the respondent herein seeing the following orders:-

“a) That the Plaintiff has been on Land parcel No. MAGUTU/GATEI/875 since 1974 when it was originally MAGUTU/GATEI/413 and has used the said land as her property.

b)That since the registration of Land Parcel No. MAGUTU/GATEI/875 on 16th July 1993 in the name of the Defendant, the Plaintiff has been on the land and used it as her property.

c) That the Plaintiff herself is personally in occupation of the entire land and has so occupied the entire land openly without force and without interference from the Defendant or his servants, agents or any other person claiming under him.

d)That the total period of occupa…

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