ELIZABETH BRAGANZA V. TYSONS HABENGA LIMITED

IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI and SHAH, JJ.A.) CIVIL APPEAL NO. 285 OF 1997 BETWEEN ELIZABETH BRAGANZA .................................. APPELLANT AND TYSONS HABENGA LIMITED ..............................RESPONDENT

JUDGMENT OF TUNOI, J.A.

(Appeal from a Judgment of the High Court at Nairobi (the Honourable Justice Lady Owuor) given on 16th day of October, 1997 in H.C.C.C. NO. 105 OF 1991)

******************* I have had the advantage of reading the judgment of Shah,J.A. with which I agree. I add my views only on the way the learned Judgeconducted this case. Mr. Goswami, counsel for the appellant, invited our attention to the fact that the learned Judge tooknearly 15 months to deliver the judgment and delivered the same only after some more than 30 vain attendances by theappellant's advocates. He submitted that this long delay resulted in the learned Judge making material findings whichwere not justified by the evidence on record. Delay in delivering judgment ma…