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ALEX WAINAINA T/A JOHN COMMERCIAL AGENCIES
V.
JANSON MWANGI WANJIHIA

(2015) JELR 106213 (CA)

Court of Appeal 8 May 2015 Kenya
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Case Details

Suit Number:Civil Appeal 297 of 2014
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Jamila Mohammed
Location:Nairobi
Other Citations:Alex Wainaina t/a John Commercial Agencies v. Janson Mwangi Wanjihia [2015] eKLR

JUDGMENT OF THE COURT

Background

The respondent Edward Janson Mwangi Wanjihia filed Nairobi Milimani Environment and Land Division case No. 1018 of 2013 against the appellant Alex Wainaina T/A John Commercial Agencies and four others on the 22nd August, 2013.

He averred inter alia that he brought the action in his capacity as the duly appointed Attorney of Jane Waigure Gathera the registered owner of all that piece of land known as Nairobi/Block 97/384; that in January 2012, the appellant unlawfully, trespassed and/or entered and built temporary structures on Nairobi/Block 97/384; and that the appellant leased out the structures to the 2nd, 3rd, 4th and 5th defendants (now interested parties) without the knowledge, notice, permission of the registered owner and thereby denying her the right to use the property as she desired.

In consequence thereof, the respondent sought :-

(a) an order for the eviction of the appellant and the co-defendants, their tenants, sub-tenants, lessee, employees a…

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