JUDGMENT OF THE COURT
Introduction.
Although the appeal before us arises from a short ruling of the High Court G.B.M. Kariuki, J. (as he then was) made 11 years ago on 30th April 2004, the matter has had a convoluted history spanning 23 years since the plaint was filed in the High Court on 25th April 1992. A short historical background is therefore necessary for the understanding of the issues raised in the appeal.
The appellant is the Nairobi City Council (NCC) (now taken over by the Nairobi City County) which was represented before us, as it was in the High Court, by learned counsel Mr. Ngatia. The respondent is M/S Thabiti Enterprises Ltd (Thabiti) which has had a turnover of advocates but was finally represented in the High Court by M/s. Meenye and Kirima, Advocates who later, on 18th February 2013, wrote to this Court to say that Thabiti had withdrawn instructions from them and taken their file without leaving their contact address. However, this Court was of the view that the advoc…