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Waweru Mwaura v. Mary Wanjiru Njenga

(2019) JELR 94682 (CA)

Court of Appeal  •  Civil Appeal 160 of 2015  •  22 Nov 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

[1] On 12th February 2015 the Environment and Land Court (ELC), Nairobi, (Mutungi, J.) delivered a judgment in which orders were issued as follows:

(i) That the Defendant be and is hereby ordered vacate and deliver vacant possession of title number Karai/Gikambura/2275 to the plaintiff within 30 days from the date the decree herein is served on him.

(ii) In the event the Defendant defaults in vacating the plaintiff shall be entitled to an eviction order on application.

(iii) The costs of the suit and of the counterclaim are awarded to the plaintiff.

[2] The appellant who was the defendant in the suit was aggrieved by the judgment and lodged an appeal before us seeking to have the judgment set aside. The plaintiff in the lower court was the respondent who is the registered proprietor of land title no. Karai/Gikambura/2275 (hereinafter referred to as the suit property ). By a plaint dated 11th January, 2002, the respondent claimed that in January 2001, the appellant wro…

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