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Nyatwang'a Israel v. Alloys Otachi

(1996) JELR 93899 (CA)

Court of Appeal  •  Civil Appeal 73 of 1996  •  22 Nov 1996  •  Kenya

Coram
Gurbachan Singh Pall, Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

Alloys Otachi (the respondent) sued Nyatwanga Israel (the appellant) in the superior court seeking among other reliefs an order that Plot No. 3 Daraja Mbili (the suit premises) be subdivided into 2 equal halves and one half be registered in the name of the respondent and the other half in name of the appellant; and an injunction restraining the appellant from interfering with the respondent’s quiet enjoyment of the part of the suit premises occupied.

According to the plaint filed on 20th March, 1990, the suit premises originally belonged to the appellant but in 1951 he sold half of it to the respondent at a consideration of Shs.500/=. The suit premises were then registered in the joint names of both parties. On 1st January, 1990, the appellant, with the assistance of his sons, forcibly evicted the respondent from the suit premises and took possession of the part previously occupied by the respondent. A defence was filed on behalf of the appellant on 28th June, 1990…

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