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RICHARD SAIDI ………….……. v. BROWN AURA KHAYINGA

(1983) JELR 95292 (CA)

Court of Appeal  •  civ app 20 of 83  •  12 Aug 1983  •  Kenya

Coram
Harold Grant Platt, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

JUDGEMENT OF THE COURT

Richard Saidi, the appellant, had his appeal of February 4, 1983 from a judgment of January 18, 1983 by a Kakamega resident magistrate summarily rejected by the High Court (Gicheru Ag J) on February 28 this year. This must have been done under the provision of section 79(B) of the Civil Procedure Act which means the learned judge perused the appeal (including the memorandum of appeal, proceedings, exhibits and judgment) and considered that there was no sufficient ground for interfering with the decree, part of a decree or order appealed against.

A brief history of the litigation so far is essential to a just decision in this appeal. The appellant is a farmer and businessman who owns a bar in Malava market in South Kabras Location in Kakamega District. He let it out in 1973 to Brown Aura Khayinga and Kariuki Njuguna, the respondents, who are businessmen in the same area. Brown Aura Khayinga is also t he local health officer.

The appellant in his amended plaint asked…

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