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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

(2018) JELR 100133 (CA)

Court of Appeal  •  Civil Appeal (Application) 325 of 2013  •  20 Apr 2018  •  Kenya

Coram
William Ouko, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. In its application dated 24th August 2016, the applicant, Willesden Investments Limited, (the 1st respondent in the appeal), has moved the Court, under Rule 29 of the Rules of the Court, for leave “to introduce new documents” in this appeal. The applicant states, in an affidavit sworn by Ben Muli in support of the application that the documents proposed to be introduced relate to developments that have taken place subsequent to delivery of the impugned ruling and include “new documents/reports from the National Lands Commission” as well as a consent order in Civil Case No. 24 of 2008 between the applicant and the City Council of Nairobi that put to rest the question of ownership of the suit property. The applicant asserts that the documents proposed to be introduced “demolishes the only pillar that the subject suit and this matter is standing on...” and that the introduction of the documents will “enable the court to conclude the matter.”

2. In opposition to the a…

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