EAST AFRICAN PORTLAND CEMENT COMPANY LIMITED V. SUPERIOR HOMES LIMITED

JUDGMENT OF THE COURT

1. This appeal has taken some time to hear and determine owing, partly, to the request made by the parties and granted by the Court, for time to negotiate a settlement. At some point those negotiations were reportedly at an advanced stage and the parties were directed to file their consent, if any, in arrest of judgment, but the results were never disclosed or filed with the Court; hence the order for delivery of this judgment. The issue at hand is whether the High Court correctly exercised its discretion in varying a decree obtained by consent of the parties, and extending time for completion of a sale transaction.

2. The appellant, (hereinafter, 'Portland') and the respondent ('Superior Homes') are not strangers to each other. Portland is a cement manufacturing company based in Athi River, Machakos County, which owns several tracts of land for limestone mining. The relevant parcel herein is LR No.8784/4 situate in Athi River area measuring approximately 1,329.89 …