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Rose Njoki King'au & Micugu Wagathara v. Shaba Trustees Limited & City Council of Nairobi

(2018) JELR 94622 (CA)

Court of Appeal  •  Civil Appeal 230 of 2016  •  26 Oct 2018  •  Kenya

Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Patrick Omwenga Kiage



This appeal arises from the ruling of the High Court, R.N. Sitati, J. dated the 29th day of April, 2010, allowing the 1st respondent’s application for striking out of the appellants’ amended plaint, and entry of summary judgment against the appellants in terms of the 1st respondent’s defence and counterclaim.

The background to the appeal is that the appellants sued the respondents on the 18th day of September, 2008, and as subsequently amended on the 25th day of September, 2006, seeking a declaration that they are the lawful and legal owners of property known as LR. No. 209/9968, also known as Plot No. 209/10/94, Mai Mahiu Road Nairobi (the suit property), to the exclusion of all and any other claimants; a permanent injunction restraining the 1st and 2nd respondents by themselves, their agents and/or servants from evicting, demolishing any structures on the suit property or in any way interfering with the appellants’ possession of the suit property and for costs.


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