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Masha Ngao,Robert Gambo Bunju, Katana Ngoti Jambo, Chrispus Tsofwa Mweni, Mama Fatumat & Babu Wanje v. Okomboli Ong'owa

(2017) JELR 99215 (CA)

Court of Appeal  •  Civil Appeal 35 of 2016  •  25 May 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

By an application dated 11th May, 2015, the respondent sought the following orders:

“1. ...spent.

2. That a temporary order of injunction do issue restraining the Defendants/Respondents by themselves, servants, agents and/or employees from trespassing and/or interfering in any way with the plaintiff’s quiet possession, use, occupation, development and proprietorship of the suit property being all that piece of land known as plot no. 20252/13 title number C.R 30853 situated in Kilifi town pending the hearing and determination of this application and thereafter pending the hearing and determination of this suit.

3. An order directed at the OCPD, Kilifi Police Station to ensure compliance with the order issued by this Honourable court.

4. That the cost of this suit be paid by the defendants.”

In the court below, the appellants were the defendants whereas the respondent was the plaintiff.

The grounds upon which the application was founded were that the respondent, the regis…

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