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KARIM AMIRALI ABBANY
V.
IVANA R & ANOTHER

(2018) JELR 100235 (CA)

Court of Appeal 22 Mar 2018 Kenya
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- The appellant, Karim Amirali Abbany, claimed ownership of Malindi Plot No. 9831 and sued the respondents, Ivana R. and Francis Kadenge Kenga, for trespass, alleging they unlawfully encroached on his land by constructing developments and f

Case Details

Suit Number:Civil Appeal 63 of 2017
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Malindi
Other Citations:Karim Amirali Abbany v. Ivana R & another [2018] eKLR

JUDGMENT OF THE COURT

[1] This appeal arises from a matter where Karim Amirali Abbany, (appellant) unsuccessfully sued the Ivana R. and Francis Kadenge Kenga 1st and 2nd respondents respectively for trespass on land described as Malindi Plot No. 9831(the suit land). In the claim, the appellant claimed that he was the lawful owner of the suit premises, having purchased the same in 2010; while the respondents were the registered proprietors of a neighbouring parcel described as Plot No. 9833 (the adjacent parcel). The appellant further asserted that sometime in the year 2011, prompted by a desire to demarcate his property using beacons, he contracted the services of a surveyor and it was then that to his surprise he discovered that the respondents had unlawfully encroached onto a portion of his land by putting up developments and fences thereon. All of his demands to the respondents to cease and desist in their conduct fell on deaf ears, prompting the appellant to institute suit seeking …

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