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Tom Owiny v. Patel Ravji Lalji & Devraj Ravji Lalji

(2020) JELR 94503 (CA)

Court of Appeal  •  Civil Appeal 162 of 2020  •  4 Dec 2020  •  Kenya

Coram
Martha Karambu Koome, Hannah Magondi Okwengu, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

1. The 1st and 2nd respondents filed suit before Environment and Land Court (ELC) being Civil Case No. 114 of 2019 against the applicant seeking several orders. The said suit has not been heard, but contemporaneously with the filing of the suit, the respondents also filed an application seeking interim orders of injunction restraining the applicant, his agents and or employees from trespassing or interfering with the respondents’ occupation of LR No. 209/11309 (the suit premises) until the suit is heard and determined.

2. In the said suit, the respondents claimed that they purchased the suit premises from the applicant and another person for a sum of Kshs. 50 million, the suit property was duly transferred to them and they took possession, erected a perimeter wall developed other infrastructure that they claimed stood at the cost of 300 Million and that they have remained in uninterrupted occupation for a period of five (5) years prior to the events that occurred whe…

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