<p class="ql-align-center"><strong>JUDGMENT OF SHAH J.A.</strong></p><p>Nairobi City Council (the Council) was granted a ninetynine year lease by the Government of Kenya, from the 1st day of September, 1932, in respect of two hundred and twenty three acres of land in what is commonly known as the City Park, in Nairobi. The reference number of the said land is L.R.209/6559 and the boundaries thereof are delineated on land survey plan number 82873 deposited in the Survey Record Office at NaTihreo bis.aid grant limited the user of the said parcel of land only for open space, sports grounds and other municipal purposes to be approved by the Commissioner of Lands.</p><p>A portion of the said leased land falls on the corner of Forest Road and Limuru Road, both major roads, in Nairobi. By its letter of 20th May, 1992 the Council issued a temporary occupation certificate in respect of that corner property (the suit land) to an entity referred to as &quot;Njilux Motors&quot;. Such licence was issued to Njilux Motors on a temporary basis terminable by one month…</p>