JUDGMENT
A. Introduction
This petition of appeal dated and lodged on August 28, 2020 is brought pursuant to the provisions of article 163(4)(a) of the Constitution. The appellant seeks to set aside the Judgment of the Court of Appeal (Makhandia, Kiage, and Murgor, JJA) in Civil Appeal No 404 of 2018 delivered on August 7, 2020 which affirmed the High Court (Mwita, J) Judgment in Constitutional Petition No 438 of 2015 delivered on September 28, 2018.
B. Background
The appellant and the 4th respondent have been involved in multiple and endless proceedings around the same dispute involving land ownership for a period spanning over two decades. The origin of the dispute is hereby traced as follows;-
Willesden Investment Ltd, the 4th respondent, as the registered proprietor of LR No 209/12748 IR No 66986 (the property) filed HCCC No 367 of 2000 Nairobi against Kenya Hotel Properties Ltd, the appellant. It sought damages for trespass and mesne profits arising from the appellant’s use of the prop…