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Mona ATZ Limited & Silverstone Quarry Limited v. Capital Fish Kenya Ltd & Silverstone Limited

(2017) JELR 98960 (CA)

Court of Appeal  •  Civil Appeal 107 of 2014  •  17 Feb 2017  •  Kenya

Coram
Philip Nyamu Waki, Paul Kihara Kariuki, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This appeal concerns the narrow issue of whether the High Court (Mabeya, J.) having ruled itself bereft of jurisdiction to entertain a suit relating to ownership and title to land and transferred it to the Land and Environment Court for hearing and disposal could properly extend interim injunctive orders it had previously issued.

By the said suit the 1st respondent had sought compensation for Kshs. 500 million, general and special damages, and a permanent injunction restraining the defendants therein from trespassing, excavation, mining, quarrying, dumping, storage or in any other way interfering with the 1st respondent's quiet possession of L.R. No. 24627, the suit property. The suit was premised on allegations that the said defendants as owner of an adjoining piece of land known as L. R. No. 24636 had in trespass encroached upon the suit property and excavated then stolen ballast therefrom and then transferred it and sold stones on its said land occasioning the a…

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