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BELUF ESTABLISHMENT V. ATTORNEY-GENERAL

(1993) JELR 105884 (CA)

Court of Appeal  •  CIVIL APPEAL 134 OF 1986  •  23 Sep 1993  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi

Judgement

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPEAL 134 OF 1986

BELUF ESTABLISHMENT...................................APPELLANT

AND

THE ATTORNEY-GENERAL...........................RESPONDENT

(Appeal from a Judgment of the High Court of Kenya at Nairobi (Mr Justice Sheikh Amin) dated the 7th day of November, 1987)

In

H.C.C.C. No 2436 of 1978)

JUDGMENT OF OMOLO, JA

I have had the advantage of reading in draft form the judgment of my Lord Akiwumi and I agree with this reasoning and conclusions. I would only add a few comments of my own.

The question that faces the learned trial judge and which was argued before us by Mr. Fraser on behalf of the appellant was whether it was lawful for a Kenyan court to give judgment expressed in a currency other than that of Kenya. Mr. Justice Sheikh Amin, who grappled with the issue during the trial, held that he could not. His reasons for holding so are not very clear, and somewhat difficult to understand but it would appear he was of the vi…

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