COAST PROFESSIONAL FREIGHTERS LIMITED V. WELSA BANGE OGANDA, INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION & NADHIA LIMITED

RULING ON A PRELIMINARY OBJECTION

A. INTRODUCTION

[1] Sometime in 1998, the 1^st Respondent, Welsa Bange Oganda, filed a suit at the High Court in Mombasa (HCCC No.58 of 1998). After what was described by the trial Judge, Kasango J, as “a long journey”, Judgment was eventually delivered on 21^st August 2015 with the following orders being issued:

(a) The alleged auction of 17^th September 1997 of property Mombasa/Block X/219 is hereby declared null and void.

(b)The title Mombasa/Block X/219 shall hereof be rectified to revert back to the Plaintiff, Welsa Bange Oganda. In that regard, Coast Professional Freighters Limited shall vacate Mombasa Block X/219 within 30 days from today’s date failing which, eviction orders shall issue.

(c) There shall be Judgment jointly and severally against Industrial and Commercial Development Corporation and Coast Professional Freighters Limited for the Plaintiff for Kshs.8 Million.

(d) 1^st to the 3^rd Defendants shall pay the Plaintiff’s costs of this suit.

[2] On…