Republic of Kenya
Court of Appeal, at Nairobi
Civil Appeal No 61 of 1984
Machani
v.
Vernoor
(Appeal from the High Court at Nairobi, Porter J, Civil Case No 364 of 1981)
October 14, 1985, Platt Ag JA delivered the following
Judgment.
The circumstances which gave rise to the suit, and this subsequent appeal, are distressing and provoke anxiety that some solution to this fairly prevalent social problem should begin to emerge.
Mr Machani, the appellant, had sued Rosemary Moraa, the respondent for trespassing upon his property and committing acts of nuisance; during the year 1979. The particulars given were that:
a) on various dates the defendant/respondent, Rosemary brought her children, Thomas Orina and Anne Margaret Kwamboka and their belongings into the plaintiff’s/appellant’s residence, and refused to move out, although requested to do so;
b) on July 26, 1979, the defendant wrongfully seized the plaintiff’s car (registration No KUG 693 and 4 airline miscellaneous charges order; keys for motor veh…