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Mohamed Sheikh Omar Dahman v. Esha Ahmed Bin Dahman, Rugeya Ahmed Bin Dahman, Nur Sheikh Ahmed Bin Dahman & Sheikh Binti Sheikh Ahmed Bin Dahman

(2006) JELR 99001 (CA)

Court of Appeal  •  Civil Appeal 162 of 2004  •  13 Oct 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, William Shirley Deverell



Having listened to the arguments of Mr. Anjarwalla, learned counsel for the appellant Mohamed Sheik Omar Dahman sued as the personal representative of Sheik Omar Bin Dahman, we remain wholly unconvinced that the orders made by Maraga J, in his Ruling dated 28th November, 2003, are wrong and ought to be set aside as the appellant asks us to do. The two issues raised before Maraga, J were whether the claim made in the superior court were time-barred and whether the affidavit or some parts of the affidavit filed in support of the originating summons ought to be struck out. But both parties agreed before the learned Judge that those issues, particularly that relating to the claim being time-barred had been raised twice before, once before Commissioner of Assize Shah and secondly before Commissioner of Assize, Mrs. Tutui. In disposing of the matter raised before him Commissioner of Assize Shah had held as follows: -

“I have perused the preliminary objection. I agree wit…

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