MWIHOKO HOUSING CO. LTD V. EQUITY BUILDING SOCIETY

JUDGMENT OF THE COURT

MWIHOKO HOUSING CO. LTD, the appellant, prefers this appeal against the order of the superior court (Githinji, J as he then was) dated 20^th May, 2002 dismissing with costs its application dated 7^th June, 2001 seeking review of the decree made on 29^th September, 1999 in High Court Civil Case No. 5992 of 1992.

After a protracted trial which started in 1992 and was constantly punctuated with endless interlocutory applications, the following orders were made by the learned Judge in his judgment, the subject matter of the review application:-

“1. That an order be and is hereby issued permanently restraining the defendant and/or its agents or servants from entering into and/or trespassing the plaintiff (sic) land parcel known as L.R. NO. 10902/9 or taking possession of or building on the said portion or in any way from interfering with the plaintiff’s quiet enjoyment of the said land parcel number L.R. No. 10902/9 Ruiru, and that the permanent injunction shall not apply t…