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M'Ikiara M'Mukanya and another v. Gilbert Kabere M'Mbijiwe

(1983) JELR 99191 (CA)

Court of Appeal  •  civ app 13 of 80  •  24 May 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Alister Arthur Kneller, Kenneth D Potter

Judgement

REPUBLIC OF KENYA

COURT OF APPEAL AT NAIROBI

civ app 13 of 80

M’Ikiara M’Mukanya and another v. Gilbert Kabere M’Mbijiwe

(Potter and Kneller JJA and Chesoni Ag JA)

Civil Appeal No 13 of 1980 Cases

1. Thompson v. Ward [1955] 2 QB 155

2. Ashby v. White [1703] 2 Ld Raynd 938

3. Basely v. Clarkson [1682] 3 Lev 37

4. Hewlitt v. Bickerton [1947] CLC 10504

5. Conway v. Wimpey and Co (No 2) [1951] 2 KB 266

Advocates

Kamau Kuria with DP Mugambi for Appellants

SM Otieno with Kariba Mbabu for Respondent

21st February 1984. The following considered judgments were read pursuant to subrule (5) of Rule 52 of the Court of Appeal Rules:

KNELLER JA: This is a second appeal and one from a decision of the High Court (Cockar J) at Nyeri of July 10, 1979 who dismissed with costs the first appeal of M'Kiriara M'Mukanya (M'Mukanya) and Sebastiano Nyamu (Nyamu) from a judgment of January 25, 1979 of the then Senior Resident Magistrate at Meru in favour of Gilbert Kabeere M'Mbijiwe (M'Mbijiwe).

The Memorandum of appeal filed …

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