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…