JOHN GITHINJI WANGONDU V. RAPHAEL GITAU NJAU & 5 OTHERS

JUDGMENT OF THE COURT

This is an appeal from the order of the superior court (Kuloba, J.) given on February 6, 1997 whereby he struck out the five defendants from the suit on the ground that they were office bearers of a corporate body under the Trustees (Perpetual Succession) Act Cap 164. Section 3(3) of that Act provides that the body corporate may sue and be sued in its corpoIrnat et hensaem ec.ircumstances, we are satisfied that the learned judge was right and we have heard nothing in support of the appeal to persuade us that the learned judge erred in principle or otherwise.

In our judgment, this appeal has no merit and is dismissed with costs.

Dated and delivered at Nairobi this 15th day of December, 1997

A.A. LAKHA

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JUDGE OF APPEAL

G.S. PALL

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JUDGE OF APPEAL

S.E.O. BOSIRE

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AG. JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR