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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

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 of 1980, between the same parties, instituted after civil case No 1304 of 1980, but decided before the application the subject of this appeal, so as to constitute a “former suit” for the purpose of section 7 of the Civil Procedure Act (“the Act”) which deals with res judicata. I shall hereinafter refer to civil cases, N…

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