<p class="ql-align-center">REPUBLIC OF KENYA</p><p class="ql-align-center">IN THE COURT OF APPEAL OF KENYA</p><p class="ql-align-center">AT NAIROBI</p><p class="ql-align-center">(CORAM:PLATT JA)</p><p class="ql-align-center">CIVIL APPLICATION NO NAI 51 OF 1987</p><p class="ql-align-center">KENYA FILM CORPORATION..................APPELLANT</p><p class="ql-align-center">VERSUS</p><p class="ql-align-center">MUTHIKE.........................................RESPONDENT</p><p class="ql-align-center">Ruling.</p><p class="ql-align-justify">The original application concerned the intended appeal against JS Patel J’s order dated September 12, 1986, in which he struck out the defendant company’s defence and entered judgment for the plaintiff Charles Kabanga Muthike. Patel J also ordered damages to be assessed. This proved to be awkward task. First, Cockar J on October 16, 1986, found that no damages were done to the plaintiff. The defendant then applied for a review of the judgment on October 29, 1986, which process commenced on December 9, 1986 and ended successfully on January 13, 1987. Assessment of damages was fixed before Patel J on February 11, 1987, but he was unable to oblige.It then came before Mr Commissioner Sampson, who commenced on March 2, 1987, and gave his assessment in the sum of Ks…</p>