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Suchan Investment Limited v. Ministry of National Heritage & Culture & 3 Others

(2016) JELR 94279 (CA)

Court of Appeal  •  Civil Appeal 46 of 2012  •  4 Mar 2016  •  Kenya

Coram
Martha Karambu Koome, James Otieno Odek, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The suit property in this appeal is Nairobi L.R. No. 209/1916/6 measuring 1.7 acres situated at Parklands in Nairobi within the City of Nairobi and otherwise known as Desai House. By Legal Notice No. 128 dated 17th September 2008, the 1st respondent, the Minister for National Heritage and Culture, declared the property a National Monument. The appellant, by an amended Notice of Motion dated 8th February 2011, filed a judicial review application at the High Court seeking an order of certiorari to remove into court and quash the decision of the Minister declaring the suit property a National Monument.

The appellant has proprietary interest in the suit property derived as follows: By a Will dated 16th July 1991, Mr. Jashbai Motibhai Desai (deceased) vested the suit property upon Niranjan Jashbai Desai, Dipa Pulling, Kevit Shubash Desai and Sandeep Rajni Desai as beneficiaries. The property consists of an outhouse servant quarters and main house which served as residen…

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