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City Council of Nairobi v. Woolwich Investments Limited

(2016) JELR 103165 (CA)

Court of Appeal  •  Civil Appeal 231 of 2010  •  22 Jul 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Martha Karambu Koome, Philomena Mbete Mwilu

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GITHINJI, KOOME and MWILU, JJ.A.)

CIVIL APPEAL NO. 231 OF 2010

Between

CITY COUNCIL OF NAIROBI......................................................APPELLANT

And

WOOLWICH INVESTMENTS LIMITED.................................RESPONDENT

(Being an appeal against the Ruling and Order of the High Court of Kenya at Nairobi (Mbogholi Msagha, J) dated 18th February 2010

in

H.C.C.C. No. 462 0f 2009

******************

ORDER OF THE COURT

The respondent in this appeal filed a suit against the appellant in the High Court through the firm of “Mutuli and Apopo Advocates” challenging the demand for rates in respect of its property LR. No. 330/357 under the Rating Act. The respondent also filed an interlocutory application to restrain the appellant from selling its property LR. No. 330/357 to recover the demanded rates pending the hearing and determination of the suit.

The affidavit in support of the application disclosed that the suit property measures approximately 0.996 H…

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