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MUTITIKA
V.
BAHARINI FARM LTD

(1985) JELR 104504 (CA)

Court of Appeal 10 Jul 1985 Kenya
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- The respondent (Baharini Farm Ltd) sued the applicants for trespass, damage to land, and illegal occupation, obtaining injunctive orders restraining the applicants from entering or damaging the land in 1976 and 1977. - Following breache

Case Details

Suit Number:Civil Application Nai 24 of 1985
Judges:John Mwangi Gachuhi James Onyiego Nyarangi Alan Robin Winston Hancox
Location:Nairobi
Other Citations:Mutitika v. Baharini Farm Ltd[1985] eKLR

JUDGMENT

On April 1, 1977 the respondent company filed a suit number 2343 of 1976 in the High Court Nairobi against the three applicants and one other and averred that the applicants had illegally entered into the respondent’s land, damaged some property, occupied two houses and brought illegal squatters into the land, thus making it unsafe for the agents and employees of the respondents to enter the land. On October 28, 1976 the first and second applicants were restrained from trespassing upon or damaging any part of the land and on April 4, 1977 the third applicant was similarly restrained.

As a result of continued trespass and damage the respondent took out a chamber summons under Order XXXIX rule 2(3) and (5) for an order that the first and second applicants be detained in civil jail. The two applicants were subsequently arrested and committed to civil jail but on January 29, 1979 they were ordered by consent to vacate the land LR 462/R and restore vacant possession to the responden…

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