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Robert Ombaso Nyareru & Gusii County Council v. Beldina Mokaya

(2012) JELR 96757 (CA)

Court of Appeal  •  Civil Appeal 200 of 2011  •  11 Oct 2012  •  Kenya

Coram
John walter Onyango Otieno, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

ROBERT OMBASO NYARERU and GUSII COUNTY COUNCIL are the appellants herein. BELDINA MOKAYA is the respondent.

Sometime in 2007, the respondent sued the two appellants claiming that they had trespassed on her property viz Plot LR No. KISII TOWN/BLOCK 111/491 in Kisii Municipality. She sought orders of permanent injunction; eviction and also for general damages against them jointly and/or severally.

According to the respondent, the property in question was allocated to her in the year 2003 and she is the registered owner under the Registered Land Act.

Sometime in July 2007, the 1st appellant is said to have trespassed on the said land with the full permission of the 2nd appellant which was claiming ownership of the said property and erected a stone wall thereon. The said act of trespass formed the cause of action in the suit before the High Court.

The 2nd appellant’s defence was that it still owned the said property and that if the respondent held a Title Deed for the pro…

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