STEPHEN KIPKEBUT T/A RIVERSIDE LODGE AND ROOMS & ANOTHER
V.
NATALI OGOLA & ANOTHER

RULING OF THE COURT

Messrs Stephen Kipkebut T/A Riverside Lodge and Rooms and Ammu Investment Company Ltd. (the 1^st and 2^nd applicants, respectively) sued Naftali Ogola (the 1^st respondent) in 2010 in the High Court at Nairobi in Suit No.252 of 2008 seeking “vacant possession of land reference No.209/14318 located along Jogoo Road (the suit land) and an order of permanent injunction to restrain the respondent whether by himself, his servants and/or agents from trespassing on, possessing, occupying, or in any manner howsoever dealing or interfering with the applicants’ quiet possession and/or enjoyment of the suit land to wit, LR 209/14318 Nairobi.”

The applicants’ case before the High Court was that the 1^st applicant was the proprietor of the suit land and that it transferred its interest in the suit land to the 2^nd applicant by an instrument of transfer which was registered on or about 23^rd April 2008. Subsequently, the 1^st applicant discovered the presence of strangers on the suit lan…