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Seraphine Ndinda Kitaka, Seth Syomoti Mwongelea & Teresia Ndunda v. Praxedes Nzisa Wambua ,Mutindu King'oku, Mary Wambua, Saveth Kamuya, Anna Mwelu, Mbeke Zakayo & Beth Nganda

(2016) JELR 94920 (CA)

Court of Appeal  •  Civil Appeal 185 of 2009  •  2 Feb 2016  •  Kenya

Paul Kihara Kariuki, James Otieno Odek, Fatuma sichale



1. By a Plaint dated 1st March 2003, it is stated that at all material times in this suit, the respondents being members of WOTE TOWNSHIP WOMEN GROUP were owners of Plot No. Makueni/Unoa/11 measuring 50X100 ft. (the suit property).

2. The respondents filed High Court Civil Suit No. 7 of 2003 against the appellants alleging that in December 2002, the appellants unlawfully entered into and trespassed onto the respondents’ suit property and started digging, excavating and carrying out construction thereon and interfering with the respondents’ suit property claiming that they were also owners of the plot. In the plaint, the respondents averred that the appellant’s claim of ownership to the plot was misguided and misplaced as they ceased to be members of WOTE TOWNSHIP WOMEN GROUP. The respondents sought a permanent injunction to restrain the appellants or their servants or agents from trespassing on to the suit property; a declaration was sought to the effect that the r…

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