JUDGMENT OF THE COURT
Shem Obondi, the appellant, was the unsuccessful plaintiff in the superior court. His claim for specific performance; an injunction; payment of current market value of a three bedroomed flat amongst those developed on L.R. No. 209/12807, Nairobi (the suit property); and mesne profits, was dismissed by the High Court of Kenya at Nairobi (Osiemo, J.) on 27th February, 2007; and, hence this appeal.
The respondent on the other hand is Seemfod Holdings Limited, a limited liability company incorporated in Kenya under the Companies Act Cap 486 Laws of Kenya.
The appellant has preferred thirteen (13) grounds of appeal upon which the decision of the superior court is challenged. The appeal was disposed of by way of written submissions pursuant to the Court’s order dated 4th February, 2010. Mr. Omotii, learned Counsel, acted for the appellant in the appeal, while Mr. Lubulellah, learned counsel, represented the respondent.
It is trite law that the appellant is entitled to expe…