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BENSON MUNGAI KAMITI
V.
ATTORNEY GENERAL & 3 ORS

(2002) JELR 106493 (CA)

Court of Appeal 22 Mar 2002 Kenya
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Case Details

Suit Number:Civ App 155 of 1999
Judges:Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Emmanuel Okello O'Kubasu
Location:Nakuru
Other Citations:Benson Mungai Kamiti v. Attorney General & 3 Others [2002]eKLR

JUDGMENT OF THE COURT

The appellant, Benson Mungai Kamiti was the plaintiff in Nakuru H.C.C.C. NO. 341 of 1993. He had sued the Attorney General of Kenya in his capacity as representative of the Government of Kenya, the Director of Settlement , The Commissioner of Lands and Peter Muchiri Mwangi . His claim was for the following reliefs:

"a) A declaration that the plaintiff is the legal owner of Title No. NAKURU/PIAVE BLOCK 1/1097 consisting of 200 acres or 80.94 Hectares and that he is entitled to a quiet enjoyment of the same.

b) A declaration that the purported acquisition of 22.5 acre s of the plaintiff's Title Number NAKURU/PIAVE BLOCK 1/1097 by the Defendants is unlawful and the consequent allotment to the 4th Defendant (Peter Muchiri Mwangi) is null and void.

c) A perpetual injunction to restrain the 4th defendant from acquiring T itle or the five(5) acre portion of the Plaintiff's land or from trespassing or cultivating on the said land.

d) General Damages

e) Mesne Profits

f) Costs of…

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