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Rosemary Wanjiku Murithi v. George Maina Ndinwa

(2014) JELR 95109 (CA)

Court of Appeal  •  Civil Appeal 9 of 2014  •  13 May 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

George Maina Ndinwa filed suit before the Senior Principal Magistrate’s Court at Embu in Civil Case No. 80 of 2004 against the appellant seeking orders that the appellant be restrained from entering Land Parcel No. INOI/NDIMI /1939, and the appellant to stop constructing the building she is now constructing and remove the structure and fence she has erected thereon. The contention is that the appellant, Rosemary Wanjiku Muriithi, has entered Land Parcel No. INOI/NDIMI/1939, and is constructing a building thereon while the said parcel is registered in the name of the respondent. It is the respondent’s case that the appellant is a trespasser.

In the plaint, the respondent asserts that he is the registered proprietor of the suit property and that on or about 27th February, 2004, the appellant entered the property and erected a fence and cut down 140 stems of coffee without his consent and thereafter on about 22nd February, 2004, the appellant started placing building …

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