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Kenya Hotel Properties Limited v. Willesden Investments Limited

(2009) JELR 100051 (CA)

Court of Appeal  •  Civil Appeal 149 of 2007  •  2 Apr 2009  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

On 1st March 2000 Willesden Investments Limited, the respondent, filed a suit in the superior court and sought various reliefs against Kenya Hotel Properties Limited, the appellant, namely:-

ā€œ(a) Mesne profits from January 1994 to February 1998 both months inclusive in the sum of Kshs.54,902,400/= as set out in paragraph 15 hereinabove,

(b) General damages for trespass from January 1994 to February 1998 both months inclusive,

(c) Damages for loss of business opportunities as set out in paragraph 18 hereinabove,

(d) In the alternative and without prejudice to paragraph (b) above general damages for trespass

(e) Special damages as set out in paragraph 20 above.

(f) Costs of this suit.

(g) Interest on (a), (b), (c) and (d) above;

(h) Any such or other or further relief as this Honourable court may deem fit and just to grant.ā€

The grounds upon which the suit was filed were that though the respondent was the registered proprietor of the plot known as L. R. No. 209/12748, (the sā€¦

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