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Kenya Medical Supplies Agency (KEMSA) v. Mavji Kanji Hirani, Laii Kanji Hirani, Kuverji Gavid Patel & Sons Ltd, Attornery General, Minister for Lands, National Aids and STIS Control Programme (NASSCOP), Minister of Medical Services, Commissioner of Lands & Registrar of Titles

(2018) JELR 100026 (CA)

Court of Appeal  •  Civil Appeal 115 of 2017  •  22 Jun 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

By this appeal the appellant Kenya Medical Supplies Agency (KEMSA), challenges the judgment of the Environment and Land Court at Nairobi (Gacheru, J.) delivered on 18th June 2015 by which KEMSA was restrained by an injunction from entering on, constructing, or in any way dealing with all that property known as LR No. 9094/1 and LR No. 9094/2 (the suit property) located on Nairobi-Mombasa Road. The learned Judge also quashed the cancellation of titles to the suit property previously held by Mavji Hirani; Laii Kanji Hirani and Kuverji Gavid Patel and Sons Ltd (the respondents) and ordered that they be issued with titles to the suit property.

That judgment was the determination of a suit filed by the respondents against the Attorney General, the Minister of Lands, the Minister of Medical Services, the Commissioner of Lands, the Registrar of Titles and KEMSA. The respondents pleaded in their plaint as amended on 28th November 2013 that they were the registered propriet…

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