C O OKERE
V.
ESTHER NDUTA KIIYUKIA & 2 ORS

JUDGMENT OF THE COURT

1. The appellant, Dr. C.O. Okere, by a Plaint dated 6^th January 2004 and amended on 28^th January 2004 filed suit against the respondents seeking the following orders:

“(a) A permanent injunction restraining the respondents from trespassing upon, wasting, fencing, alienating, constructing or interfering or in any way dealing with all that parcel of land known as Nairobi/ Block/63/305 originally known as Nairobi Plot No. 281 Jamhuri Phase II.

(b) A declaration that the appellant is the owner of title No. Nairobi/ Block 63/305 originally Plot No. 281 Jamhuri Phase II.

(c)General damages, interest and costs of the suit.”

2. The appellant asserts that at all material times, he was the owner of Nairobi/ Block/63/305 originally Nairobi Plot No. 281 Jamhuri Phase II and which plot was legally allotted to him by the 3^rd respondent on 10^th February 1992. It is alleged that the 3^rd respondent unlawfully and fraudulently sold the suit land to the 2^nd respondent Esther Muthoni Who…