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Kenya Anti-Corruption Commission v. Willesden Investments Limited, Ben Muli, Jatin Patel, Hitesh Rathood, Martha Kimwele, Kenya Hotel Properties Limited, Wilson Gachanja & City Council of Nairobi

(2019) JELR 100132 (CA)

Court of Appeal  •  Civil Appeal 325 of 2013  •  22 Mar 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

A brief history of the events leading to the filing of this appeal are as follows: The long running dispute relates to a parcel of land known as L.R No. 209/12748 situated between Nyayo House and Hotel Intercontinental and linking Uhuru Highway to the central business district of Nairobi.

The 1st respondent has all along held the only grant to the suit property issued to it by the Government of Kenya on 1st January, 1994 for a term of 99 years. At some point either before or after that date, the 6th respondent occupied the property on a lease granted to it by the then City Council of Nairobi. After several attempts to have the 6th respondent vacate the property and compensate the 1st respondent failed, the latter filed HCCC No. 367 of 2000 against the 6th respondent for;

a) a declaration that it (the 1st respondent) was the lawful owner of the property; and that the occupation of the property by the 6th respondent was unlawful, null and void;

b) vacant possession

c) m…

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