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SUSAN WAMBUI NJENGA v. JUSTINE JELAGAT BENJAMIN & ANOTHER

(2010) JELR 96788 (CA)

Court of Appeal  •  Civil Case 377 of 2009  •  17 May 2010  •  Kenya

Coram
Festus Azangalala

Judgement

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Case 377 of 2009

SUSAN WAMBUI NJENGA.......................................PLAINTIFF VERSUS 1. JUSTINE JELAGAT BENJAMIN 2. ERNEST GRAHAM BENJAMIN.........................DEFENDANTS RULING In her plaint filed on 30th October 2009, the plaintiff seeks the following main orders of the court:-

(a) An order that the 1st and 2nd defendants be restrained by themselves, their servants, agents or anyone else claiming title under them from transferring, alienating, trespassing, damaging, disposing of or in any other way interfering with all that piece of land known as Title No. C.R. No. 29883 sub-division No. 9952 (Original No. 9617/6) section 4 Mainland North (hereinafter “the suit premises”).

(b) An order that the plaintiff be allowed access, reside and/or live in the suit premises. (c) Damages and mesne profits.

The foundation of the plaintiff’s claim as pleaded in the plaint is that the plaintiff purchased the suit premises f…

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