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Ngomeni Swimmers Limited v. Katana Chara Suleiman

(2014) JELR 103598 (CA)

Court of Appeal  •  Civil Appeal 253 of 2012  •  9 Oct 2014  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

Ngomeni Swimmers Ltd, “the appellant” on 23rd December, 2010 lodged a suit against Katana Chara Suleiman “the respondent” in the High Court of Kenya at Malindi. The suit was lodged through Messrs Wesley John and Associates being Civil Suit No.161 of 2010. In the suit the appellant sought for a permanent injunction against the respondent restraining him from trespassing or encroaching on its portions of land known as Numbers 24845 and 24846 respectively, “the suit premises”. Apparently, the appellant was the registered proprietor of the suit premises. However, the respondent had without colour of right trespassed on the same and erected pillars as beacons without the appellant’s consent and knowledge.

The defence by the respondent was to the effect that the firm of Advocates that filed the suit on behalf of the appellant did not exist. Similarly he contested the existence of an advocate by the name Wesley John who had signed the plaint. Apart from denying the rest o…

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