TATU CITY LIMITED & KOFINAF COMPANY LIMITED V. ROSEMARY WANJA MWANGIRU,STEPHEN MBUGUA MWAGIRU,ROBERT GITHUI,ATTORNEY GENERAL & DIRECTOR OF PUBLIC PROSECUTIONS

JUDGMENT OF THE COURT

By this appeal, the appellants Tatu City Limited and Kofinaf Company Limited challenge the judgment and decree of the High Court (Mumbi Ngugi, J.) made on 12th November, 2013 by which it made the following orders;

“(i) That the institution and maintenance of Nairobi Chief Magistrates Court Criminal Case No. 2077 of 2010 is an abuse of the process of the court.

(ii) An order of prohibition is hereby issued stopping the criminal proceedings in Chief Magistrates Criminal Case No. 2077 of 2010.

(iii) The respondents are hereby restrained from in any manner whatsoever instituting criminal proceedings against the petitioners in relation to the caveats lodged at Land’s office by the petitioners which are the subject of litigation in Nairobi High Court Civil Case No. ELC 561 of 2010 and Milimani High Court Civil Cases No. 831 and 859 of 2010.”

The appellants had been named the 2nd and 3rd respondents, respectively, in a constitutional petition filed by Rosemary Wanja Mwangiru…