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BEN MUTUNGI MUTHIORA
V.
MARION MUTHAMA KIARA (SUING ON BEHALF OF THE ESTATE OF ERASTUS MUTHAMIA KIARA - DECEASED)

(2022) JELR 113460 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:Civil Appeal 43 of 2017
Judges:RN Nambuye, JA W Karanja, JA KI Laibuta, JA
Location:Nyeri

JUDGMENT

  1. By a plaint dated 14th September, 2010 Marion Muthamia (the respondent) moved the Environment and Land Court (ELC) on behalf of the Estate of her late husband who was the registered proprietor of parcels of land known as LR No. 2787/1274 and IR No. 56777 (the suit properties), contending that Dr. Ben Mutungi Muthiora’s, (the appellant) occupation of the suit properties was illegal/unlawful.

  2. In her suit, the respondent sought judgment against Dr. Ben Mutungi Muthiora, for, inter alia -

    a. A declaration that the parcel of land known as LR No. 2787/1274 and IR No.56777 delineated on land survey plan No. 167555 in Nanyuki Municipality in Nanyuki District (“the suit properties”) forms part of the estate of Erastus Muthamia Kiara (deceased) and therefore the defendant is a trespasser thereat.

    b. A mandatory and perpetual injunction to compel the defendant by himself, his servants, employees or anybody else acting on his behalf to forthwith remove themselves from the portion of the suit…

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