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PIL KENYA LIMITED v. JOSEPH OPPONG

(2009) JELR 96693 (CA)

Court of Appeal  •  Civil Case 102 of 2007  •  16 Oct 2009  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT MOMBASA


Civil Case 102 of 2007

PIL KENYA LIMITED......................APPELLANT

AND

JOSEPH OPPONG ...................RESPONDENT

(An appeal against part of a decision of the High Court of Kenya at Mombasa

(Khaminwa, J.) dated 15th September, 2006

in

H.C.C.C. NO. 446 OF 2001)

**************************

JUDGMENT OF BOSIRE, J.A

This is a first appeal from the decision of the superior court (Khaminwa, J.) given on 15th September, 2006, in which she gave judgment to JOSEPH OPPONG, the respondent, against PIL KENYA LTD, the appellant in the appeal. Being a first appeal the Court is enjoined to reconsider the evidence, analyse it and come to its own conclusion without overlooking the conclusions of the trial court and bearing in mind that unlike that court, this Court does not enjoy the benefit of looking at and hearing witnesses testify as to fully assess their credibility: see, Selles and Another v. Associated Motor Board company Ltd. and Others […

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