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OLE NGANAI V. ARAP BOR

(1982) JELR 95587 (CA)

Court of Appeal  •  Civil Appeal 33 of 1981  •  12 Jul 1982  •  Kenya

Coram
Alister Arthur Kneller, Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller

Judgement

JUDGMENT

The appellant as the plaintiff in High Court Civil Suit No 98 of 1971 filed by him at Eldoret against the twenty nine respondents as the defendants, claimed to be the owner of farm land reference number 673 situated at Kipkabus in the Uasin Gishu District. He complained in his plaint that sometime in 1968, the defendants jointly and severally forcibly compelled him to sign an application for consent of the land control board to transfer his farm to the defendants who took possession thereof thereafter together with some loose assets, and forced the plaintiff and his family out of and prevented him from returning to the farm. The plaint also contained other averments which I do not consider are relevant for the decision in this appeal. Among his prayers the plaintiff sought an order for eviction of the defendants and their agents from the farm, and possession thereof.

The defendants admitted in their written statement that the plaintiff was the sole registered owner of the farmโ€ฆ

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