RULING OF THE COURT
1. A brief history of this protracted litigation culminating in the applicant’s application dated 16th February 2018. The subject of this ruling is necessary so as to put into proper context the diametrically opposed arguments pressed by the parties in support of their respective positions. Fortunately, the factual background is substantially common ground or uncontroverted. This Court (Nambuye, Makhandia and M’inoti, JJ.A.) aptly captured the chequered history of this prolonged litigation in their judgment dated 15th December 2017 as follows:
“The dispute between the parties has had a long history in the court corridors spanning a period in excess of 25 years, from 1992 when the first suit was filed in the High Court. Since then, there has been at least fourteen (14) suits with all manner of applications being made in the said suits. The dispute between the parties has been canvassed in all the courts of record in this land, all the way to the Supreme Court. Suffice…