JUDGMENT OF THE COURT
1. The camouflaged central dispute in these consolidated appeals is ownership and control of Salama Beach Hotel Limited, the 1st respondent herein. The contestation has taken a long and winding journey from the High Court to the Court of Appeal, back to the High Court and now once again to the Court of Appeal.
BACKGROUND FACTS
2. Originally, the dispute between the parties was heard and determined in Malindi High Court Civil Suit No. 118 of 2009 by Hon. Justice Said Chitembwe. Aggrieved by the judgment of the High Court at Malindi, an appeal was lodged before this Court sitting at Malindi in Civil Appeal No. 36 of 2015. This Court delivered its judgment on 15th December 2017.
3. Subsequent to the delivery of the judgment by this Court, a new and separate civil suit was filed in Mombasa being HCCC No. 8 of 2018. The suit was filed in the name of Salama Beach Hotel Limited against all the other parties in this appeal. While the new suit was pending before the Mombasa H…