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(1994) JELR 98436 (CA)

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

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



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 injunction to restrain Shompole from entering Nguruman’s land. In its written statement of defence Shompole claimed the part of the land where the trespass was alleged to have been committed (hereafter referred to as the affected area) as being on its own land. Various consent orders followed restraining Shompole to its own land prior to the alleged trespass, the noteworthy of these being the one dated 11th April, 1991, which was executed by the learned adv…

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