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 grate…