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Municipal Council of Nairobi v. Haji & another

(1944) JELR 106858 (SC)

Supreme Court  •  Civil Case 109 & 113 of 1943 (Consolidated)  •  15 Jul 1944  •  Kenya

Coram
Lucie Smith J

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

AT NAIROBI

(Supreme Court, Kenya Colony and Protectorate)

(By consent of the parties Civil Case 109 and 113 of 1943 were consolidated).

CIVIL CASES NOS 109 OF 1943 and 113 OF 1943 (CONSOLIDATED)

MUNICIPAL COUNCIL OF NAIROBI.............................APPLICANT

VERSUS

HAJI and ANOTHER..................................................RESPONDENT

JUDGMENT

These cases come before the Court by way of case stated under the provisions of order XIII, rule 6, of Civil Procedure Rules, 1927. The facts are set out in paragraphs 1 to 6 of the case stated and determination is sought on four issues of law as set out.

The first issue reads as follows: “Are any, and if so what, of the powers and provisions of the Public Health Ordinance abrogated, repealed or superseded by the Malaria Prevention Ordinance?” In my opinion this issue is of such a general and “fishing” nature that no useful purpose can be served by attempting to answerer it. As Viscount Simon said in…

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