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Nyakinyua and Kange'ei Farmers Company Limited v. Kariuki and Gatecha Resources Limited

(1983) JELR 95237 (CA)

Court of Appeal  •  Civil Appeal 16 of 1979  •  14 Oct 1983  •  Kenya

Coram
Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram:Kneller JA )

CIVIL APPEAL 16 OF 1979

BETWEEN

NYAKINYUA AND KANGE’EI FARMERS COMPANY LIMITED .......... APPELLANT

AND

KARIUKI AND GATECHA RESOURCES LIMITED............................RESPONDENTS

(Appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Todd, J) dated January 16th 1979 in

Civil Suit 1020 of 1976

RULING

The draft order in this appeal has been referred to me by the respondent for which Mr Lakha appeared. The date for the hearing of this reference was fixed by consent by a representative of each party in this court’s registry and it was agreed all round that no hearing notice need be sent out to either of them. No-one appeared for the appellant.

Mr Lakha submitted that the draft should be amended, first, to include an order that:-

“The plaintiff be evicted from the suit property forthwith...”

which was asked for by the respondent in its notice of cross-appeal on September 10, 1979 and was allowed with costs in the orders of thi…

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