KENYA NATIONAL CAPITAL CORPORATION LTD V. ALBERT MARIO CORDEIRO & CYPERR ENTERPRISES LIMITED (IN RECEIVERSHIP) THROUGH THE OFFICIAL RECEIVER, DELOITTE & TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: VISRAM, MARAGA, OKWENGU, JJ.A.)

CIVIL APPEAL NO. 274 OF 2003

BETWEEN

KENYA NATIONAL CAPITAL CORPORATION LTD..................................APPELLANT

AND

ALBERT MARIO CORDEIRO.........................................................1^ST RESPONDENT

CYPERR ENTERPRISES LIMITED (In Receivership) through the Official Receiver,

Deloitte and Touche, Certified Public Accountants........................2^ND RESPONDENT

An appeal from the judgment and decree of the High Court of Kenya at Nairobi (Ang'awa, J.) dated 16^th October, 2000

in

H. C. C. C. No. 2430 of 1996)

**************

JUDGMENT OF VISRAM, J.A.

The Appellant, Kenya National Capital Corporation Limited, is aggrieved by the judgment of the High Court (Ang'awa, J) dated 16^th October, 2000 wherein specific performance was ordered in favour of the 1^st respondent, Albert Mario Cordeiro. The court further made orders as to costs against the appellant.

A brief summary of the facts is as follows. Sometime in March, 199…