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Peter Macharia Mwangi, Joseph Karanja, Grace Nyambura Ndegwa, Moses Maina Thuku & Kuria Ngware v. Martha Njeri Wanyoike, George Mbekenya & John Karanja Wanyoike

(2012) JELR 94468 (CA)

Court of Appeal  •  Civil Appeal (Application) 39 of 2012  •  9 Aug 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, John walter Onyango Otieno, Martha Karambu Koome

Judgement

RULING OF THE COURT

In a plaint dated 19th June, 1998, the appellants in Civil Appeal No. 39 of 2012, who are the respondents in this Notice of Motion dated 4th April, 2012, sued the respondents in that appeal who are the applicants in this Notice of Motion seeking that the respondents by themselves, their agents, servants, employees or others be restrained from occupying, subdividing, breaking, developing, or dealing in any way with the suit property Land Reference No. 782; that the respondents do vacate the suit property forthwith; that Order for eviction do issue; that general damages be ordered against the respondents and costs be ordered against them. The respondents in that appeal filed statements of defence and counterclaim. After various procedural requirements were surmounted, and the pleadings closed, the suit was placed before Maraga J. (as he then was) who, after full hearing found that the appellants claim was hinged on lack of consent of the Land Control Board, which lackā€¦

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