MIRKO BLAETERMAN (SUING THROUGH HIS POWER OF ATTORNEY - SHABIR HATIM ALI) & PUBLIC TRUSTEE (SUING ON BEHALF OF HELMUT KOSTER) V. DAVID MWANGI MUIRURI, GHOTMANN COTOVA & EMPIRERS & PARTNERS INVESTMENTS

JUDGMENT OF THE COURT

To call the proceedings giving rise to this interlocutory appeal mendacious is to pay them an underserved compliment. Lack of candor on the part of the main actors is glaring, and permeates the entire proceedings. At the center of the dispute is a property in Malindi described as Plot No 622 (original No. M.17G), (the suit property) which the 1^st respondent, David Mwangi Muiruri, and the two outlandishly named unincorporated entities, Ghotmann Cotova and Empirers and Partners Investments claim to own. The 1^st appellant, Shabir Hatim Ali equally stakes claim to the suit property on behalf of Mirko Blaeterman of Italy, as does the Public Trustee on behalf of the Estate of Helmut Koster, of unknown address, who is said to be dead although no definitive evidence to that effect is available. Another person, Karl Heinz Borner, is alleged to have an interest in the suit property jointly with Blaeteman and Koster, but he does not feature in this litigation at all.

The appe…