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Stephen Mutuku Mulinge & Benedata Kathini v. Dickson M. Mutuku & John Karanja Miritu

(2019) JELR 93951 (CA)

Court of Appeal  •  Civil Appeal 136 of 2018  •  7 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. By an amended plaint, the appellants herein filed a suit in the Environment and Land Court (ELC) being E.L.C No. 232B of 2013 against the respondents seeking:

a) A declaration that the plaintiffs are the proprietors of all that parcel of land known as plot number MN/VI/121 measuring approximately 0.418 Ha situated at Aldina Area in Jomvu within Mombasa County.

b) An order of permanent injunction restraining the defendants by themselves, their servants and/or agents or otherwise howsoever from entering, trespassing into or continuing to trespass into, alienating, disposing of, constructing, developing or in any way interfering with the plaintiffs’ quiet possession of Plot No MN/VI/121 measuring approximately 0.418 Ha situated within Aldina Area.

c) Damages for trespass and an order directing the defendants to put back the plaintiffs’ beacons.

d) Costs of the suit.

2. The appellants’ cause of action was anchored on the ground that they are the legal proprietors of una…

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