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Monicah Njoki Maina v. Patrick Ngumi Githae & another

(2012) JELR 98955 (CA)

Court of Appeal  •  Civil Appeal 313 of 2005  •  5 Jul 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, John walter Onyango Otieno, Roselyn Naliaka Nambuye

Judgement

JUDGMENT OF THE COURT

The entire saga giving rise to this appeal is, to say the least, disturbing. It does demonstrate the reasons why the lawmakers of our time found it necessary to incorporate the provisions of Article 159 of our present Constitution. Because of what will be apparent later in this judgment, we will not delve into the detailed aspects of the entire case. However, because in our view, the learned Judge of the High Court Khamoni, J (as he then was) left out of his appraisal of facts some of the most crucial facts and history of the case, we will give a brief history of this case. We note however that had one of the firms of advocates in this case been aware of its professional requirements and acted accordingly, perhaps one of the parties would have had its suffering mitigated to an extent.

The appellant MONICAH NJOKI MAINA was as by 8th January, 1999, the tenant of the respondent PATRICK NGUMI GITHAE who is the husband of one AGNES MUTHONI NGUMI. We mention the date 8th…

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