CLOVER FOODS (K) LTD & ANOTHER V THE CITY COUNCIL OF NAIROBI & ANOTHER [2009] KEHC 2533 (KLR)
- Court
- High Court of Kenya
- Case number
- 2533
- Citation
- [2009] KEHC 2533 (KLR)
- Decided
- 21 July 2009
The Court finds no merit in the appeal and dismisses it with costs.
Facts
The appellants, Clover Foods Kenya Limited and Sadrudin Karim Kurji, sued the City Council of Nairobi and Ngarega Mbai over Stall No. 63 at City Market in Nairobi. The appellants claimed they had acquired the stall for valuable consideration from New Kenya Fish, a nominee of the 2nd respondent, Ngarega Mbai. The 1st respondent, City Council of Nairobi, claimed the stall was held under a written tenancy agreement.
Issues
- Ownership of the market stall
- Tenancy interest of the stall
- Adverse possession by the appellants
Reasoning
The Court determined that the ownership of the market stall remained with the 1st respondent, and the appellants' presence in the stall was in breach of the agreement between the 1st respondent and the 2nd respondent. The appellants were unable to prove their case.
Outcome
Appeal dismissed with costs
Orders
- Order dismissing the appeal with costs
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