JIWA V. JIWA & ANOTHER

JUDGMENT

This is an interlocutory appeal by Hussein Mohammedali Jiwa, the plaintiff, as we shall call him, from a decision of Rauf, J in the High Court, Nairobi, on 15th July, 1985. The decision was given on a chamber summons taken out by the defendants under Order 6 rule 13 of the Civil Procedure Rules (the Rules) against the plaintiff for orders that:

(1) the plaintiff has no cause of action against the defendants;

(2) the plaint discloses no cause of action; and

(3) the suit be dismissed with costs.

To make the appeal intelligible, it is necessary to say something about the background, though not, we think, very much.

On September 11th, 1984, Mohamedali Nazerali Jiwa appointed Naushad Hussein Mohamedali Jiwa, the plaintiff, to be his attorney and generally in relation to his interest in the above mentioned title to do anything and everything that he himself could do, and for him in his name to execute all such instruments and to do all such acts, matters and things as may be necessary or…