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Venance Mwashigadi & Jasper Mwashena v. Hassan Huri

(2014) JELR 96317 (CA)

Court of Appeal  •  Civil Appeal 34 of 2013  •  8 Apr 2014  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal arising from the judgment and decree of Kasango, J. delivered on 26th July, 2012 in Mombasa High Court Civil Suit No. 384 of 2009.

Briefly the facts of the case are that the respondent Hassan Huri filed a suit against Venance Mwashigadi and Jasper Mwashena vide a plaint dated 30th October, 2009. The respondent sought the following prayers:

(a) Vacant possession of the said land and premises to wit C.R 36423 – L.R. 1956/348 and C.R. 34087 – L.R. 1966/347.

(b) An order that the defendants and their agents be evicted from the said parcel of land and that any structure illegally erected on the said premises be demolished.

(c) A permanent injunction to restrain the defendants by themselves, their agents, servants or otherwise however from remaining on or continuing in occupation of the C.R. 36423 – L.R. 1956/348 and C.R. 34087 – L.R. 1956/347.

(d) Costs and interest.

The gist of the respondent's case was that the appellants were trespassers on his parcels …

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