ROSE NJOKI KING'AU & MICUGU WAGATHARA V. SHABA TRUSTEES LIMITED & CITY COUNCIL OF NAIROBI

JUDGMENT OF THE COURT

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

The background to the appeal is that the appellants sued the respondents on the 18^th day of September, 2008, and as subsequently amended on the 25^th 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 1^st and 2^nd 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.

In…