AKIFIA AZIZI (K) LIMITED vs CHELULE TUIMISING (CHAIRMAN) ABRAHAM KALYAQ (TREASURER) ZEPHANIA YEGON (SECRETARY) BEING OFFICIALS OF KOSIA SET KIBOR SELF HELP GROUP [2003] KEHC 1004 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 540 OF 2003
AKIFIA AZIZI (K) LIMITED……………………………………PLAINTIFF VERSUS
CHELULE TUIMISING CHAIRMAN
ABRAHAM KALYAQ TREASURER
ZEPHANIA YEGON SECRETARY
BEING OFFICIALS OF KOSIA SET
KIBOR SELF HELP GROUP…………………………….DEFENDANTS
JUDGEMENT The Plaintiff is a Limited Liability Company which owns 167 hectare piece of land known as LR CIS MARA/OLCHORO-OLROUWA but claims through PW1 JAMES ENINA SADERA, the Company Chairman that there is a group of people including Defendants who have wrongfully occupied the land and are carrying on activities like grazing and building thereon.
The witness says they have no claims whatsoever and requires eviction order to issue for their removal.
After hearing the witness, I am satisfied that the same are trespassers. I, therefore, order that the Defendants and all those that claim by them be evicted.
Costs to the Plaintiff. DATED this 17th day of September 2003.
A.I. HAYANGA JUDGE