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PASHITO HOLDINGS LIMITED & SHITAL BHANDARI v. PAUL NDERITU NDUNGU, KIHARA WAITHAKA & RICHARD GATHECHA NJOMBA

(1997) JELR 94877 (CA)

Court of Appeal  •  civ app 138 of 97[1]  •  14 Nov 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall, Akilano Molade Akiwumi

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling and order of the High Court of Kenya at Nairobi (Msagha Mbogholi J.) made on 18th April, 1997 in High Court Civil Case No.3063 of 1997 in which the respondents Paul Nderitu and two other have sued the appellants Pashito Holdings Ltd. and Shital Bhandari for two declarations and a permanent injunction which are hereinafter mentioned. The respondents are residents of Loresho Estate in the City of Nairobi. They have sued the appellants in the superior court on their own behalf and professedly on behalf of the other residents of the said Loresho Estate.

By their plaint filed on 11 December, 1996, the respondents have alleged that in or about the year 1976 the Commissioner of Lands approved the subdivision of two parcels of land in the City of Nairobi known as L.R.5952 and L.R.1653 which two parcels after the subdivision are known as Loresho Estate. Each respondent owns and occupies a piece of land which is a subdivision of the aforesai…

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