JUDGMENT
Judgment of Kantai, JA.
The dispute from which this appeal arises has had a long, chequered history. In the course of time documents have been lost or misplaced, others have faded and become illegible, dates are lost; the 7 volumes of Record of Appeal are difficult to follow. The date of filing of the plaint cannot be seen but it is dated 26th September, 1990, which means that the case has been in the judicial system for over 30 years. That plaint was amended twice – the re-re- amended plaint which is not dated runs into 38 paragraphs some divided into “A” up to “H”. Many applications and appeals were made; the suit was heard and determined; an appeal to this Court was heard and Judgment delivered by a bench of 3 Judges but that Judgment was later reviewed and set aside. An appeal to the Supreme Court of Kenya on that issue was dismissed. At one time the dispute ended up at the COMESA Court but it was later withdrawn. I can only hope that we can now determine the matter in a wa…