OLYMPIC ESCORT INTERNATIONAL CO. LTD., OLYMPIC FRUIT PROCESSORS LTD. & KEZIAH WANJIKU NG'ANG'A V. PARMINDER SINGH SANDHU & NANAK ENTERPRISES WORKS LTD

JUDGEMENT OF THE COURT

Two issues on jurisdiction arise in this appeal and were argued before us although they were not specifically raised before the superior court. It is trite law, however, that jurisdictional issues may be raised at any stage, because jurisdiction is everything and without it, a court must down its tools. The first issue is whether Order 35 rule (1) (b) of the Civil Procedure Rules has any application to the facts of this case, and the second issue is whether Order 6 rule 13 (1) (a) of the Civil Procedure Rules was applicable in the circumstances of the case. It is necessary to appreciate the salient facts of the case as extracted from the pleadings and affidavits on record, before we consider those issues:

M/S. Olympic Escort International Company Ltd (“Olympic Escort”) were, at all times material to the suit, the registered proprietors of L.R. No. 209/4931/4 (“the disputed property”) in Gikomba area, Nairobi. On that property stands a go-down which was rented to M…