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Nairobi City County v. Salima Enterprises Limited

(2020) JELR 98630 (CA)

Court of Appeal  •  Civil Application 190 of 2018  •  5 Jun 2020  •  Kenya

Coram
William Ouko

Judgement

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;…

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