IBRAHIM MULU M’INYINGI v PETER M’ITABATHI [1996] KECA 74 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NYERI

Civil Appeal 141 of 1996

IBRAHIM MULU M’INYINGI…………….……APPELLANT

AND

PETER M’ITABATHI……………...………….RESPONDENT

(Appeal from a decree of the High Court of Kenya a MERU (Justice Ong’udi C.O) dated 19th October, 1995INH.C.C.A. NO. 15 OF 1995)

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JUDGMENT  OF THE  COURT

This is a second appeal on an interlocutory application.  There is no point of law raised within the meaning of Section 72 of the Civil Procedure Act (Cap 21).  The plaint filed in the subordinate court did not identify the parcel of land upon which the respondent was alleged to have trespassed.  We cannot tell from the pleadings whether the appellant was referring to the same parcel of land to which  the counter-claim relates.  In any event, both the subordinate and superior courts considered the issues and made a concurrent finding with which we can find no fault.

The appeal, therefore, lacks merit and it is hereby dismissed with costs.

Dated and delivered at Nairobi this 14th day of October, 1996.

R. O. KWACH

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JUDGE OF APPEAL

A.M. AKIWUMI

…………………….

JUDGE OF APPEAL

A.A. LAKHA

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JUDGE OF APPEAL