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(1977) JELR 105115 (CA)

Court of Appeal  •  Civil Appeal 29 of 1976  •  30 Mar 1977  •  Kenya

Eric John Ewen Law, Abdulla Mustafa, Samuel William Wako Wambuzi



Law V-P This appeal concerns a small plot grazing land, consisting, we were informed, of a mere three or four acres. The appellant (to whom I shall refer as “the plaintiff”) filed a “home-made” plaint in the District Magistrate’s Court at Kangundo, in which the cause of action was described as follows: “I want the Court to demarcate our land. Which was occupied by my father”. No defence was filed. When the suit was called on for hearing, on the 18th June 1970, the two defendants were present. The plaint was read out and explained to them and they orally stated their defence as follows:

“We do not admit the claim, there is already an old boundary.”

Evidence was called on both sides, which made it clear that the plaintiff’s cause of action was in trespass. He alleged that the defendants had encroached on his land and occupied some land on his side of the common boundary. After hearing the evidence, the magistrate visited the land, with all the parties. He came to the conclusion …

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