Customer Support

CHRISTOPHER KAGEMA GICHUHI
V.
LIVINGSTONE GITOME KOHIGUKA

(2016) JELR 103197 (CA)

Court of Appeal 19 May 2016 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 290 of 2009
Judges:Alnashir Ramazanali Magan Visram, Hannah Magondi Okwengu, Jamila Mohammed
Location:Nairobi
Other Citations:Christopher Kagema Gichuhi v. Livingstone Gitome Kohiguka [2016] eKLR

JUDGMENT OF THE COURT

Background

1. This is an appeal from the ruling of the High Court (Khamoni, J) dated 13th December, 2007 wherein the court dismissed the appellant's application for review.

2. The genesis of this matter goes back to a plaint dated 7th March 2002, in which the appellant sought several orders against the respondent including an order of injunction restraining the respondent from trespassing on L.R NO. NGONG/NGONG 5862 [the suit property]; an injunction restraining the respondent from selling, alienating, disposing of, mortgaging, charging and or in any way encumbering any part of the suit property; an eviction order against the respondent, his agents, servants and or assignees and mense profits from the date the trespass commenced until the respondent vacates and delivers vacant possession of the suit property to the appellant.

3. The respondent filed a defence on 2nd April, 2002 denying the allegations levied by the appellant. The respondent contended that the matter …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.