JUDGMENT OF THE COURT
Following a consent order recorded on 22nd October, 2009, counsel for the parties agreed to have Civil Appeal Nos. 269 of 2001 and 155 of 2004 heard and determined on the basis of an exchange of written submissions.
At the outset, it is also important to point out that the two appeals were not consolidated but counsel agreed that they should be heard one after the other. For this reason, a good starting point is to briefly describe what each appeal is about and the common ground between them.
Civil Appeal No.269 of 2001 is an appeal from the whole decision or ruling of the superior court in Nairobi Ole Keiwua, J. (as he then was), delivered on 24th January 1996 concerning property known as Land Reference No.214/273 situate in Naivasha Close, off Muthaiga Road, Nairobi. In High Court Civil Case No. 2849 of 1995, the appellant therein had filed suit against the respondents claiming general damages for trespass to the suit premises; general damages for wrongful detenti…