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UHURU HIGHWAY DEVELOPMENT LTD & 3 OTHERS V. CENTRAL BANK OF KENYA & 4 OTHERS

(2003) JELR 95650 (CA)

Court of Appeal  •  Civil Appeals 286 of 2001 & 15 of 2002  •  13 Feb 2003  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT

At the outset we must point out that we have not at all enjoyed the hearing of this interlocutory appeal, which like many others concerning the subject matter in issue in the past and now, have continued to clog this Court and yet the main suit lies intact and unheard and has been so for the last ten years. We remind ourselves that on 12th November, 1996, we observed and ordered as follows:-

“When will the saga of the Grand Regency Hotel come to an end? Since the suit in its respect was first lodged in court on 6th January, 1995 it has landed in this Court three times, once for an interlocutory injunction pending appeal and twice on substantive appeals against interlocutory orders. The suit, however, remains unheard in the Superior Court and there is no indication that it will ever be heard on merit in the near future. It is common knowledge that the matters involved in the suit are of great public importance and we are of the view that it is in the best interests of all the pa…

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