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MUTITIKA V. BAHARINI FARM LTD

(1985) JELR 104504 (CA)

Court of Appeal  •  Civil Application Nai 24 of 1985  •  10 Jul 1985  •  Kenya

Coram
John Mwangi Gachuhi James Onyiego Nyarangi Alan Robin Winston Hancox

Judgement
<p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">On April 1, 1977 the respondent company filed a suit number 2343 of 1976 in the High Court Nairobi against the three applicants and one other and averred that the applicants had illegally entered into the respondent’s land, damaged some property, occupied two houses and brought illegal squatters into the land, thus making it unsafe for the agents and employees of the respondents to enter the land. On October 28, 1976 the first and second applicants were restrained from trespassing upon or damaging any part of the land and on April 4, 1977 the third applicant was similarly restrained.</p><p class="ql-align-justify">As a result of continued trespass and damage the respondent took out a chamber summons under Order XXXIX rule 2(3) and (5) for an order that the first and second applicants be detained in civil jail. The two applicants were subsequently arrested and committed to civil jail but on January 29, 1979 they were ordered by consent to vacate the land LR 462/R and restore vacant possession to the responden…</p>

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