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Kenneth K. Mwangi v. City County of Nairobi, Nanak Hospital Management Services Limited & Fidelity Commercial Bank

(2017) JELR 100168 (CA)

Court of Appeal  •  Civil Appeal 228 of 2008  •  14 Jul 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

It has been 32 years plus since this dispute graced our judicial system and to date it remains unresolved with finality. This is totally unacceptable, inconceivable and does not augur well for our ability to resolve disputes brought before us timeously as a constitutional imperative. Yes there is a maxim that the wheels of justice grind slowly but surely. However we should not be lullabied into deep slumber by such maxims. There is need for the Judiciary to be proactive and take charge of matters placed before it rather than leave it to the parties to move it as and when they feel like. Had the court taken steps to manage these proceedings we doubt that they would have lasted in court this long.

The appellant was the registered proprietor of all that piece or parcel of land known as LR NO. 209/ 3011/ 19 with the developments thereon being a 4 storeyed building situate along Kirinyaga road within the Nairobi Central Business District (hereinafter “the suit property”…

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