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Refrigeration Contractors Limited v. James O. Lieta

(2005) JELR 96653 (CA)

Court of Appeal  •  Civil Appeal 76 of 2002  •  22 Apr 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGEMENT OF THE COURT

This appeal raises interesting issues arising from the failure of the superior court Judge (Wambilyangah J.) both to sign a judgment (hereinafter “the judgment”) on the day it was delivered and to state the correct date as the date of its delivery. The judgment was in favour James O. Lieta who was the plaintiff in the superior court and is the respondent before this Court. The defendant (the appellant before us) was Refrigeration Contractors Ltd. which was ordered to pay the respondent Shs.3,411,870/= together with interest at 28% from the date of the plaint being 13th January 1997 until payment in full.

This judgment is not the decision the subject of the present appeal. This appeal is against a ruling of the superior court (Wambilyangah J.) dated 29th November 2001 in which the superior court declined to review its decision in the judgment. Before examining the appeal against the ruling it is necessary to set out the chronology of relevant events leading up to i…

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