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Attorney General v. Attorney General, Judicial Service Commission, Judges and Magistrate's Vetting Board, Willesden Investments Limited, Ethics & Anti-Corruption Commission & Kenya Revenue Authority

(2020) JELR 100053 (CA)

Court of Appeal  •  Civil Appeal 404 of 2018  •  7 Aug 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

This appeal and the totality of its antecedents is most disturbing, not least because the legal battle between its main protagonists has been within the corridors of justice in various forms and shapes through a multiplicity of suits and has engaged judicial minds and time for over two decades. As time went by it sucked in additional parties. From the look of things and the deep-seated intransigence and unremitting sense of grievance at play, the dispute may be with us for longer yet.

Willesden Investment Ltd, the 4th respondent herein (Willesden), which was at all material times the registered proprietor of L.R. No. 209/12748 IR No. 66986 from 15th September 1995, filed HCCC No. 367 of 2000 at the Milimani Commercial Courts against the appellant Kenya Hotel Properties Ltd. It sought damages for trespass to land and mesne profits arising from the appellant’s use of the said property as a parking lot. The appellant had been so using the land having leased it from th…

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