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…