PHILLICERY NDUKU MUMO V. NZUKI MAKAU

JUDGMENT OF THE COURT

The appellant, Phillicery Nduku Mumo, is the unsuccessful plaintiff in Civil Suit No 368 of 1995 instituted by her against the respondent, her step-brother Nzuki Makau, in the High Court of Kenya at Machakos. By her plaint dated 26th September, 1994, originally filed in the Principal Magistrate's Court but later ordered transferred to the High Court for trial and determination, the appellant averred that she is the registered absolute proprietor of all that parcel of land known as Machakos/Kiandani/3013, "the suit land", and that sometimes in or about April, 1994, the respondent without any colour of right, authority or permission from her trespassed on to the suit land as a consequence of which the appellant has suffered inconvenience, loss and damage. She therefore claimed general damages, an order for eviction and costs of the suit.

The respondent delivered a home-made written statement of defence which he later amended. Together with the defence he lodged a cou…