judy.legal
Login Register

M'IKIARA M'MUKANYA AND ANOTHER V. GILBERT KABERE M'MBIJIWE

(1983) JELR 99191 (CA)

Court of Appeal  •  civ app 13 of 80  •  24 May 1983  •  Kenya

Coram
Zakayo Richard Chesoni JA Alister Arthur Kneller JA Kenneth D Potter JA

Judgement

KNELLER JA: This is a second appeal and one from a decision of the High Court (Cockar J) at Nyeri of July 10, 1979 who dismissed with costs the first appeal of M'Kiriara M'Mukanya (M'Mukanya) and Sebastiano Nyamu (Nyamu) from a judgment of January 25, 1979 of the then Senior Resident Magistrate at Meru in favour of Gilbert Kabeere M'Mbijiwe (M'Mbijiwe).

The Memorandum of appeal filed on May 16, 1980 by M'Mukanya and Nyamu's first advocates had just one (prolix) ground: "The learned judge erred in law failing to appreciate and in misdirecting himself on the legal ingredients of the tort of trespass and in particular erred in law in upholding the trial magistrate on the finding that the appellants were trespassers when in law the appellants were not and could not have been trespassers."

The litigation between the parties began in the middle of November 1972 when M'Mbijiwe filed a plaint claiming an eviction order against M'Mukanya and Nyamu from Plot 58 Nkubu Market, Meru and compensation…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login