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HIGHWAY CARRIERS LIMITED & COAST HAULIERS v. AWADH MARUS

(1986) JELR 104839 (CA)

Court of Appeal  •  Civil Appeal 104 of 1985  •  18 Mar 1986  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt

Judgement

IN THE COURT OF APPEAL

AT MOMBASA (Coram: Nyarangi JA, Platt and Gachuhi, Ag JJ A CIVIL APPEAL NO 104 OF 1985 BETWEEN

1. HIGHWAY CARRIERS LIMITED

2. COAST HAULIERS ..........................................................APPELLANTS

AND

AWADH MARUS ................................................................ RESPONDENT

(Appeal from a judgment and decree of the High Court of Kenya at

Mombasa (Aragon, J) dated March 12, 1985

IN

Civil Case No 494 of 1976 )

_______________

JUDGMENT OF PLATT, AG JA

The proceedings during the trial of this case were complicated and somewhat irregular, and while both parties at different stages wanted leave to appeal ( all such leave being refused,) the plaintiff finally earned the absolute right to appeal, having suffered judgment against it on a counter-claim, and having had its suit dismissed. Mr Inamdar for the appellants and Miss Jiwaji for the respondent have fortunately left this court with a very clear idea what the issues really were, and the court is grateā€¦

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