JUDGEMENT OF THE COURT
This appeal arises from three suits that were consolidated and heard together regarding the ownership of the parcel of land previously known as L.R. No. 1870/IX/54 and now L.R. No. 2009/12132 measuring approximately 0.0341 Ha in Westlands, Nairobi (hereafter “the suit property”).
High Court Civil Case No. 587 of 1995 was filed by the present respondent against the appellant seeking among other orders, a permanent injunction to restrain the appellant from evicting him from the suit property. High Court Civil Case No. 762 of 1995 was filed by the present appellant seeking an order for eviction of the respondent from the suit property and a permanent injunction to restrain him from re-entering or interfering with the suit property. Lastly High Court Case No. 2716 of 1995 was filed by the current respondent against the Attorney General and the appellant seeking declarations that the grant of the suit property to the appellant was illegal, unlawful and fraudulent and u…