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Joseph Ndirangu Waweru t/a Mooreland Mercantile Co. & Hillworks Furniture Ltd. v. City Council of Nairobi

(2015) JELR 100609 (CA)

Court of Appeal  •  Civil Appeal 36 of 2012  •  11 Dec 2015  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, George Benedict Maina Kariuki

Judgement

JUDGMENT OF THE COURT

The suit giving rise to this appeal was initiated before the High Court of Kenya at Nairobi by way of the plaint dated 19th March 1993. In the plaint, the plaintiffs who are the appellants in this appeal, claimed as against the respondent herein general damages; Ksh 29,064,011 as special damages; interest on both and costs of the suit.

The respondent denied the claim, and thereafter, the appellants filed the application dated 19th September, 1995 under the then Order VI Rule 3(6) requesting for further and better particulars from the respondent, after several letters requesting for particulars fell on deaf ears. The application was heard by Aganyanya J (as he then was), who, on 14th February 1996 ordered the respondent to serve the appellants with the said particulars within 45 days of service of the said order.

There was no compliance with the order and so the appellants moved to court again this time by way of chamber summons dated 25th April 1996. In the applicat…

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