IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OUKO, (P) (IN CHAMBERS)
CIVIL APPLICATION NO. 190 OF 2018
BETWEEN
NAIROBI CITY COUNTY...........................APPLICANT
AND
SALIMA ENTERPRISES LIMITED......RESPONDENT
(Being an application for stay of execution pending an appeal under Rule 5 (2)(b) of the Court of Appeal Rules in
ELC Case No. 1144 of 2013)
*******
RULING
The respondent, who is the registered owner of L.R. No. 1870/IX/170-Westlands, Nairobi, sued the applicant claiming that the latter, having expressed an interest in purchasing the suit property failed to complete the transaction but instead, sometime in June, 2013, forcefully moved on to the suit property and embarked on the construction on it of what was marked as Westlands Market; that the applicant’s officers, together with the contractor, totally blocked the respondent from accessing the suit property and fenced it off; that in the process, it was denied rent that would have accrued from the space estimated at Ksh 200,000 per month;…