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Public Service Club Registered Trustees v. Mary Wangeci Kethi Kariithi, Margaret Njoki Karanja Ngari Kariithi & Kibuga Kinyua Kariithi

(2019) JELR 94257 (CA)

Court of Appeal  •  Civil Appeal 235 of 2016  •  8 Nov 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Wanjiru Karanja, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. This suit has been pending before our judicial system for the last twenty six (26) years and counting. It is indeed a sad state of affairs and although as the old adage goes, the wheels of justice turn slowly but grind exceedingly fine, the wheels in this case appear to have ground to a standstill and remained stationary for a long time. Whereas we do not wish to apportion blame for the said delay, our ardent hope is that the wheels will henceforth grind faster and ultimately justice will be done and parties will be relieved of the long wait.

2. The suit which is subject of this appeal was filed by the Trustees of the Public Service Club on 16th June, 1993 through the firm of Musyoka Annan and Co. Advocates claiming several reliefs. At the heart of the suit however is the ownership of land parcel known as L. R 209/1408 situated within Nairobi area (presently referred to as Upper Hill area Nairobi) comprising eighteen decimal nine five (18.95) acres or thereabout…

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