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The Trustees, Kenya Railways Staff Retirement Benefits Scheme,Simon Nyakundi,Corporate and Pension Trust Services Limited & James Israel Olubayi v. The Registered Trustee of Zayed Bin Sultan Al Nahyan,Pelican Engineering & Construction Company Limited,The Chief Land Registrar,The Chairman, National Land Commission,The County Secretary, Nairobi County,Jabavu Village Limited,White Lotus Projects Limited,Lota Excavations and Rentals Limited,China State Construction Corporation,Sketch Studio Limited,Matrix Integrated Consultancy,Terraconsult Kenya Limited,Becs Consultancy,Grace Wanjiru Mungai w/o Alex Ikumu Gatoto,Abdinasir Ali Hassan,Mohamed Shariff Abdullahi,Amina Zamzam Ali,Poosapati Sita Ramachndra Raju & Mohamud Mahat Noor

(2019) JELR 95148 (CA)

Court of Appeal  •  Civil Appeal 101 of 2018  •  25 Oct 2019  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. These two consolidated appeals arise from a ruling delivered on 16th February 2018 in which the Environment and Land Court (Eboso, J.) found, The Trustees, Kenya Railways Staff Retirement Benefits Scheme and its chief executive officer, Simon Nyakundi (the appellants in Civil Appeal No. 101 of 2018) in contempt of court for issuing a lease by way of temporary licence over the suit property to Jabavu Village Limited (the appellant in Civil Appeal No. 128 of 2018) in breach of a preservatory order issued by the court on 21st July 2015. The Judge also found that the lease by way of temporary licence issued by The Trustees Kenya Railways Staff Retirement Benefits Scheme (the Trustees) to Jabavu Village Limited (Jabavu) in contempt of court was illegal and could not confer any legal rights on Jabavu. Accordingly, the court ordered Jabavu and any other person occupying the suit property in contravention of the preservatory order to vacate the same within two days and…

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