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Mwangi Githu v. Livingstone Ndeete

(1980) JELR 98738 (CA)

Court of Appeal  •  Civil Appeal 24 of 1979  •  8 Jul 1980  •  Kenya

Coram
Eric John Ewen Law, Chunilal Bhagwandas Madan, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Madan, Law and Potter JJA )

CIVIL APPEAL 24 OF 1979

BETWEEN

MWANGI GITHU..................................................APPELLANT

AND

LIVINGSTONE NDEETE..................................RESPONDENT

(Appeal from the High Court at Nairobi, Muli J)

JUDGMENT

The subject matter of this appeal is a freehold parcel of agricultural land of an area of approximately 1.25 hectares (4.1 acres) known as Loc. 12/ Sub.Loc.1.636 in Kangima Division of Muranga District of the Central Province.

There were two actions commenced in the High Court concerning the suit land which were consolidated for hearing. In High Court Civil Case No 1056 of 1976 the appellant as plaintiff filed a plaint against the first and second respondents claiming a declaration that he is the absolute owner of the suit land, an order for eviction of the defendants and an injunction restraining further acts of trespass, mesne profits, general damages for trespass and loss of profits and costs.

In Hig…

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