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Twiga Estate Squatters Society v. Municipal Council of Ruiru,Mboi Kamiti Farmersco. Ltd,William Chege,Joseph Woru Ng'ang'a,George Mwangi Irungu,Simon Charagu Kimani,Joseph Mithigani Kariuki,Jackson Wilfred Maingi & John Kinge

(2018) JELR 94147 (CA)

Court of Appeal  •  Civil Appeal 23 of 2015  •  27 Apr 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, William Ouko

Judgement

JUDGMENT OF THE COURT

On 21st November 2014, the Land and Environmental Court Division of the High Court delivered its ruling from which this appeal emanates. The court dismissed an application by the appellant in which it sought to be enjoined in a suit in which the respondents had obtained orders to evict the appellant from land parcel numbers 9312, 9313 and 3760 which collectively form Twiga Estate Farm “the suit property”, situate North of Ruiru Township, Thika Town. At the time of filing the application seeking to be enjoined, the appellant whose members allegedly number about 4000 squatters, had been evicted from the suit property on 20th December 2012 pursuant to consent orders recorded in ELC Civil Case No. 57 of 2012 “the ELC Case” between the 1st respondent, who was the plaintiff, and 2nd to 9th respondents as the defendants. In that suit, the 1st respondent had sued the 2nd respondent as the 1st defendant. It also had sued the 3rd, 4th, 5th and 6th respondents in their capac…

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