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Omumbo Achola v. Peter Ondieki Ganga

(1986) JELR 95226 (CA)

Court of Appeal  •  Civil Appeal 21 of 1983  •  28 Jan 1986  •  Kenya

Coram
Harold Grant Platt, Alister Arthur Kneller, Chunilal Bhagwandas Madan

Judgement

IN THE COURT OF APPEAL

AT NAKURU

(CORAM: MADAN AG C J, KNELLER J A and PLATT Ag J A )

CIVIL APPEAL NO 21 OF 1983

BETWEEN

OMUMBO ACHOLA ............................ APPELLANT

VERSUS

PETER ONDIEKI GANGA ........................ RESPONDENT

(Appeal from the judgment of the High Court of Kenya at Eldoret ( Mr W Mbaya J )

dated February 18, 1983 In Civil Case No 217 of 1974)


JUDGMENT OF KNELLER J A

Omumba Achola ( Achola ) a butcher in Kisumu asks this court to allow his appeal with costs, set aside the judgment and decree of the High Court at Eldoret dated February 18, 1983 and substitute orders dismissing with costs the prayers of ( the late ) Peter Ondieki Ganga ( Ondieki ) in the suit.

Ondieki, a Zonge Settlement Scheme farmer, died intestate at Songhor on July 14, 1983 and by an order of the High Court at Kisumu, letters of administration were granted to the Deputy Public Trustee there on August 14, 1984. And on September 27, 1985, by consent, this court made the Public Trustee a party to the ap…

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