IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Gicheru, Muli and Omolo JJ A )
CIVIL APPEAL NO. 50 OF 1988
BETWEEN
CHATUR RADIO SERVICE.....................................................................APPELLANT
AND
PRONOGRAM LIMITED......................................................................RESPONDENT
(Appeal from a judgment/decree of the High Court of Kenya at Nairobi (Shaikh Amin, J) dated 4th May, 1986
in
HCCC No 3380 of 1980)
*******************************************
JUDGMENT
Gicheru JA. In the case of Mayers and another v. Akira Ranch Ltd (No 2) [1972] EA 347, hereinafter referred to as the Mayers case, a consent judgment had been entered in certain proceedings in the High Court of Kenya at Nairobi pursuant to which Akira Ranch Ltd, hereinafter referred to as Akira, executed a chattels mortgage over 1,200 head of cattle in favour of Mayers and another. Subsequently, Akira and another sued the latter two in the same Court for a declaration that the chattels mortgage and the other ins…