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AMAYI OKUMU KASIAKA & 2 ORS
V.
MOSES OKWARE OPARI & ANOR

(2013) JELR 105612 (CA)

Court of Appeal 20 Dec 2013 Kenya
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Case Details

Suit Number:Civil Appeal 15 of 2010
Judges:John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai
Location:Kisumu
Other Citations:Amayi Okumu Kasiaka & 2 others v. Moses Okware Opari & another [2013] eKLR

JUDGMENT OF THE COURT

This is an appeal against the ruling of the High Court (Muchemi J,) whereby the learned Judge declined to set aside an ex-parte judgment entered against the appellants, Amayi Okumu Kasiaka, James Wandera and John Omongari.

The facts giving rise to this appeal are straightforward and are as follows:- By a plaint dated 18th February, 2008, the respondents, Moses Okware Opari and Peter Manyuru Iwuoni sought judgment against the appellants, primarily for eviction and mesne profits. They averred that they were registered as proprietors of land parcel numbers South Teso/Amukura/3176 and 3175 respectively (hereinafter “ the suit land”) upon which the appellants had, about the month of August, 2006, without any colour of right and without the consent of the respondents, unlawfully encroached and illegally erected structures thereon. The respondents, in the premises, sought an order of eviction against the appellants and mesne profits from the time the appellants had encro…

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