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Kenya Tea Development Agency Limited v. Ismael Ombati Ochieng, Johnson Kamau, George Wachira, Jane Imbwaga, Eliud N. Githinji, Peter M. Kinge, Peter N. Ng'ang'a, Lawrence Oyaro, Elijah Kirimi Mbwira & Joyce Gakuru

(2015) JELR 99914 (CA)

Court of Appeal  •  Civil Appeal 18 of 2007  •  12 Jun 2015  •  Kenya

Coram
Wanjiru Karanja, John Wycliffe Mwera, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

The judgment, subject of this appeal, was delivered by the High Court (Ang’awa, J) on 29th November, 2006. In her judgment, the learned judge referred to a “constitution reference” as the cause which on 8th February, 2006 the Hon. the Chief Justice directed her to hear. The file could not readily yield a constitutional reference but it has a notice of motion dated 18th March, 2004, headed Nairobi Civil Suit No.948 of 2003. The parties in that motion are Ismael Ombati and 133 Others v. Kenya Tea Development Agency Ltd, as plaintiffs and defendant respectively. That notice of motion or civil suit was filed by the firm of Gitobu Imanyara and Company Advocates. Brought under sections 60, 70, 71, 80, 82, 84 and 107 of the repealed Constitution, the plaintiffs, the respondents in this appeal, sought several orders but those that the court heard and determined were two. The learned judge stated that she was to determine the question relating to the breaches of the respon…

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