Charles Irungu v Official Receiver Rural Urban Credit Finance [1997] KECA 374 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: KWACH, AKIWUMI & LAKHA, JJ.A.)

CIVIL APPEAL NO. 110 OF 1994

BETWEEN

DR. CHARLES IRUNGU........................................................APPELLANTANDOFFICIAL RECEIVER RURAL URBAN CREDIT FINANCE....RESPONDENTJUDGMENT OF THE COURT

This is an appeal from the Ruling of the superior court (Shah, J. as he then was) whereby he ordered the appellant to vacate the suit premises finding, as he did, that the appellant was a trespasser. We have heard nothing in support of the appeal to satisfy us that the learned judge erred in principle or otherwise. This is a clear case of trespass and there is nothing before us that calls for an interference.

We are satisfied that there is no merit in this appeal. It is dismissed with costs.

Dated and delivered at Nairobi this 11th day of December, 1997.

R.O. KWACH............................JUDGE OF APPEAL

A.M. AKIWUMI............................JUDGE OF APPEAL

A.A. LAKHA.............................JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR