Customer Support

NOORDIN BHAIJEE & ANOR
V.
DAMARIS AKINYI NONDI & ANOR

(2022) JELR 113524 (CA)

Court of Appeal 18 Feb 2022 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 139 of 2019
Judges:P Nyamweya, JA JW Lessit, JA S ole Kantai, JA
Location:Malindi

JUDGMENT

  1. Noordin Bhaijee and Siafudin Bhaijee, the appellants herein, are aggrieved by the decision of the Environment and Land Court (ELC) in relation to the land situated at Kabenderani Mariakani measuring 2.4 acres (0.99 hectares) or thereabout, currently known as plot Number 98 Kawaa B Adjudication section (hereinafter referred to as “the suit property”). The ELC (Olola J.) declared the suit property as part of the estate of the deceased James Opiyo Opondo, and not the property of the appellants. The ELC in addition issued a permanent injunction restraining the appellants from trespassing onto the suit property, obtaining title thereto, disposing or developing the same, or in any other manner whatsoever and however interfering or intermeddling with the ownership, possession, quiet enjoyment and use thereof. Lastly, a mandatory injunction was issued compelling the appellants to forthwith remove at their own cost the building materials they had deposited on the suit property, and to …

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.