SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Ntika Munoru & another v Isaac Kaberia Etirikia [2012] KECA 28 (KLR)

[2012] KECA 28 (KLR) Court of Appeal
Read PDF
Court
Court of Appeal
Case number
28
Citation
[2012] KECA 28 (KLR)
Decided
11 December 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypecivilPostureAppeal from a judgment of the High Court of Kenya at MeruCoramIsaac Lenaola, Lenaola, OF APPEAL
Holding

The appeal is dismissed. The judgment of the High Court is upheld.

Facts

Gichunge M’Inyinge was allocated Plot No. 1170 Maua in an adjudication area. He sold the plot to the appellants, who then subdivided it into two plots and registered them in their names.

Issues

  1. interpretation of Cap 284 and Sections 2 and 30
  2. existence of prima facie case
  3. right to protect interests by injunction
  4. protection of interests by Constitution, Common Law, and Equity

Reasoning

The court found no error in the trial judge's interpretation of the law and the evidence.

Outcome

Appeal dismissed

Authorities cited

Legislation (1)
  • Cap 284
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case