MULEMBE FARM LIMITED & SIMEON MUSUNGU V. JOHN B. MASIKA, WANYAMA BIKETI , SIMEON MASIKA & YOHANA MULAMA

JUDGMENT OF THE COURT

By their plaint dated 4^th March 1978, John B. Masika (1^st respondent) Wanyama Biketi (2^nd Respondent), Simeon Masika (3^rd respondent) and Yohana Mulama (4^th respondent), brought action against Mulembe Farm Limited (1^st appellant) and Simeon Musungu (2^nd respondent) seeking, on the main a declaration that the alleged forcible encroachment into their respective portions of land known as L.R. No. 9082/1, Trans Nzoia District of Rift Valley Province, was null and void and that the respondents were the rightful beneficiaries thereof. They also prayed for an order of injunction restraining the appellants from, in effect, interfering with their occupation of those portions.

The appellants in a joint written statement of defence denied that they encroached on the respondents’ respective portions, and averred that if there was any encroachment it was a lawful act of sharing the aforesaid property among those entitled to it.

At the close of pleadings the hearing of the case …