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EPHANTUS MWANGI v. DUNCAN MWANGI WAMBUGU .

(1984) JELR 105091 (CA)

Court of Appeal  •  civ app 77 of 82[1]  •  22 Mar 1984  •  Kenya

Coram
Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Potter, Kneller and Hancox, JJA)

CIVIL APPEAL NO 77 OF 1982

BETWEEN

EPHANTUS MWANGI

GEOFFREY NGUYO NGATIA ....................................... APPELLANTS

AND

DUNCAN MWANGI WAMBUGU ....................................RESPONDENT

(Appeal from the judgment and decree of the High Court of Kenya at Nairobi (Chesoni, J) dated 29th June, 1982 In

High Court Civil Case No 1046 of 1981) ___________________

JUDGMENT OF KNELLER, JA

On June 29, 1982, the High Court (Chesoni, J) gave judgment for the respondent Duncan Mwangi Wambugu (Wambugu) against the first appellant, Ephantus Mwangi (Mwangi) and the second appellant, Geoffrey Nguya Ngatia (Ngatia), jointly and severally for Shs 91,252/50 special damages and Shs 110,000 general damages, costs and interest. Wambugu was the plaintiff before the High Court and Mwangi and Ngatia the first and second defendants respectively.

Wambugu, by his plaint filed on April 15, 1981, asked for judgment against Mwangi and Ngatia joi…

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