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PME & KE V. PNE

(2019) JELR 95663 (CA)

Court of Appeal  •  Civil Appeal 152 of 2012  •  8 Feb 2019  •  Kenya

Coram
Philip Nyamu Waki,' James Otieno Odek Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellants are husband and wife. At all material times in the suit, the 1st appellant was the owner of a portion of the parcel of land known as Tigoni LR No. 6**** on which the appellants had established their home. The respondent is the divorced wife of the 1st appellant.

2. On 3rd May 1997, it is alleged that the respondent entered Tigoni LR NO. 6**** and evicted the appellants from their home and converted the appellants house-hold items to her own use.

3. By a Plaint dated 25th April 2000, the appellants filed suit against the respondent claiming special damages of Ksh. 8,132,494/= being the value of personal effects and household goods illegally converted to the use of the respondent. The appellants further sought an order to compel the respondent to give back vacant possession of the suit property and to surrender the appellant’s household items. A declaration was sought that the respondent had committed trespass to both the land and chattels. The appel…

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