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KILUWA LIMITED & ANOR.
V.
BUSINESS LIAISON COMPANY LIMITED & 3 ORS.

(2021) JELR 113542 (SC)

Supreme Court 6 Aug 2021 Kenya
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Case Details

Suit Number:PETITION NO. 14 OF 2017
Judges:PHILOMENA MWILU, DCJ & VP MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

JUDGMENT

A. Introduction

1.Before the court is a Petition of Appeal dated July 27, 2017, and filed on August 3, 2017. It is brought pursuant to article 163(4)(a) of the Constitution, challenging the entire judgment and orders of the Court of Appeal (Makhandia, Ouko & M’inoti, JJ.A) delivered in Civil Appeal No 89 of 2015. The Court of Appeal overturned the High Court (Emukule J.) in Constitutional Petition No. 8 of 2012.

B. Litigation Background

i. At the High Court

2.The dispute in question revolves around three first-row beach adjoining pieces of land, MN/I/5901 and MN/I/5902 (hereinafter the Suit Properties) and LR No MN/1/18888 situated at Shanzu, Mombasa. By a Constitutional Petition No 8 of 2012 premised on articles 10, 22, 23(3), 40(1) and (3), 42 and 47 of the Constitution of Kenya, 2010 , and articles 13 and 14 of the African Charter on Human and Peoples Rights, the appellants sought numerous declaratory, judicial review and injunctive orders against the respondents. It was the ap…

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