IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Simpson CJ, Potter and Kneller JJA)
CIVIL APPEAL NO 70 OF 1982
BETWEEN
INDUSTRIAL and COMMERCIAL
DEVELOPMENT CORPORATION......................APPELLANT
AND
KEMUMA...................................................1ST RESPONDENT
ONYANDO.................................................2ND RESPONDENT
S OBEGI KABABE.....................................3RD RESPONDENT
J NYAOTA ORIKI ........................................4TH RESPONDENT
JUDGMENT
The Industrial and Commercial Development Corporation, the appellant, asks this court to reverse a ruling of the High Court (Chesoni J as he then was) of August 19, 1982 and make J Kemuma, Onyando, S Obegi Kababe, J Nyaota Oriki and J Oriki, who trade in Kisii as the “Friends Bakery”, the respondents, pay the costs of the appeal and the proceedings in the High Court. The ruling was given in answer to an ex parte summons in chambers of August 19, 1982 of the respondents expressed to be brought under rule 3(2) of the High …