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Mohamed Sheikh Abubakar v. Zakarius M Mbaya

(2019) JELR 99002 (CA)

Court of Appeal  •  Civil Appeal 62 of 2018  •  14 Feb 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. The dispute culminating in this appeal revolves around the parties competing interests over L.R No. 5054/1463 (suit property). Both the appellant and respondent claim that they are entitled to the suit property. The appellant’s claim stems from the fact that on 8th November, 1996 he was allotted an unsurveyed industrial plot situated in Kilifi. Thereafter, on 25th February, 1998 he discovered that the respondent had trespassed onto the said plot and commenced construction therein without any colour of right. Subsequent notices to the respondent to stop the construction and vacate the suit property fell on deaf ears.

2. The foregoing state of affairs provoked the appellant to file suit against the respondent in the Chief Magistrate’s Court at Mombasa being Civil Suit 1432 of 1998 seeking inter alia:

i. An injunction restraining the defendant (the respondent herein), his servants and/or agents from trespassing, remaining, entering, constructing or in any other mann…

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