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Pyarally Popat Rajwani v. David Roden

(1982) JELR 96331 (CA)

Court of Appeal  •  Civil Appeal 59 of 1981  •  26 Aug 1982  •  Kenya

Coram
Eric John Ewen Law, Alister Arthur Kneller, Cecil Henry Ethelwood Miller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: LAW, MILLER JJA and KNELLER Ag JA)

CIVIL APPEAL NO 59 OF 1981

PYARALLY POPAT RAJWANI .................APPELLANT

VERSUS

DAVID RODEN ................................RESPONDENT

(Appeal from a ruling of the High Court at Nairobi Trainor J dated 28th

May, 1981 in Civil Case No 1304 of 1980)

JUDGMENTS

Law JA. This appeal concerns two inter-related suits, and necessitates a careful examination of the back ground in view of the complex issues of fact and law involved. The appeal is from a ruling, described as a judgment, by Trainor J dismissing an application by the appellant, the defendant in Civil case No 1304 of 1980, praying for the plaint in that suit to be struck out. The plaintiff in that suit is the respondent in this appeal. The grounds upon which the application was based was that the matters averred in the plaint in civil case No 1304 of 1980 were res judicata by reason of a decision by Simpson J (as he then was) in another suit, civil case No 2380 o…

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