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JACOB MWANGI H. MURIRA & JOHN WAMBUGU HADAD (AS ADMINISTRATORS OF THE ESTATE OF THE LATE HADAD MURIRA KARUKWA & WAWERU KARUKWA) V. JOHN MWAGE KARIUKI

(2001) JELR 101217 (CA)

Court of Appeal  •  Civil Application No. Nai. 189 of 1998  •  29 Mar 2001  •  Kenya

Coram
Amrittal Bhagwanji Shah

Judgement

R U L I N G

The learned Judge in the superior court (Owuor J, as she then was) concluded the hearing of Civil Appeal No. 380 of 1992 on 24th June, 1996. She did not deliver judgment until 9th June, 1998. The advocates for the respondent, M/S Gakuru and Company complained to the Law Society of Kenya, by their letter of 4th June, 1997, that the judgment in question was one of those not delivered. The said Society wrote to the learned Judge pointing out the long delay requesting her to deliver the judgment. By his letter of 23rd October, 1997 K.M. Maini Esq., the then advocate for the present applicant, complained to Law Society of Kenya of and concerning the delay in delivery of judgment pointing out that one of his clients had died in the interim period. Further letters followed. Finally the judgment was delivered on 9th June 1998.

It appears that Mr. K.M. Maini was not interested any further in the matter. Whilst he appeared before the learned Judge at the time of the delivery of judgme…

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