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Nguruman Limited v. Shompole Group Ranch & another

(1994) JELR 98436 (CA)

Court of Appeal  •  Civil Appeal 52 of 1993  •  13 Jul 1994  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Richard Otieno Kwach, Abdul Majid Cockar

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Kwach, Cockar and Omolo JJ A )

CIVIL APPEAL NO. 52 OF 1993

BETWEEN

NGURUMAN LIMITED..............................................................APPELLANT

AND

SHOMPOLE GROUP RANCH and ANOTHER.....................RESPONDENTS

(Appeal from a decree of the High Court of Kenya at Nairobi (Githinji and Couldrey, JJ) dated the 23rd February, 1993)

in

HCC Misc Civil Application No 930 of 1991)

**********************************

JUDGMENT

Cockar JA. My Lords, Nguruman Ltd, the appellant herein and Shompole Group Ranch, the 1st respondent herein, are owners of two adjoining areas of land comprising of 26,993 acres and 50,000 acres respectively. The common boundary extends for several kilometres. On 12th February, 1991, Nguruman filed a suit in the Resident Magistrate’s Court at Narok alleging that during December 1990, Shompole had committed trespass into the former’s land and in the course had caused damage. There were prayers for damages and for a permanent injunc…

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