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Moses Parantai & Peris Wanjiku Mukuru suing as the legal representatives of the estate of Sospeter Mukuru Mbeere (deceased) v. Stephen Njoroge Macharia

(2020) JELR 98896 (CA)

Court of Appeal  •  Civil Appeal 411 of 2018  •  6 Nov 2020  •  Kenya

Coram
Martha Karambu Koome, Milton Stephen Asike Makhandia, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

By a Plaint dated 16th July, 2015 the appellants through Messrs. Migos Ogamba and Co. Advocates sued the respondent and three others seeking: a declaration that they are entitled to exclusive and unimpeded right of possession and occupation of all that piece or parcel of land known as Kajiado/Olchoro-Onyore/3665 (hereinafter, “the suit land ”) situate in Kajiado and that the alleged occupation and possession of the suit land by the respondent was illegal, unlawful, null and void; an order of permanent injunction restraining the respondent either by himself, his employees, servants and/or agents from continuing to occupy, trespassing on, purporting to sell, subdividing, erecting structures and/or in any other manner interfering with the appellants’ quiet enjoyment and possession of the suit land; an order of eviction against the respondent; an order directing the Officer Commanding Station (OCS) Kiserian Police Station to provide security and ensure compliance with…

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