TEA BOARD OF KENYA V. GIDEON ASIRIGWA MBAGAYA

JUDGMENT OF THE COURT

1. This is an appeal against the ruling and order of the High Court of Kenya at Nairobi issued on 25^th May, 2007 by Lady Justice R. Nambuye (as she then was) in which she set aside the judgment on the following terms:

a) the plaintiff is hereby allowed to proceed with execution for the admitted sum of Kshs.941,708.00

b) The balance of the claim be reopened for the defence to go for trial

c) The defendant is hereby given 21 days from the date of the ruling to file and serve a defence.

d) The Plaintiff/Respondent will have costs of the application

e) Thereafter parties to proceed to according to law”.

The plaintiff in the High Court proceedings, (now the respondent) had obtained judgment in his favour on 3^rd February, 2006 in the sum of Shs.1,684,400/=. The matter had proceeded by way of formal proof, the claim not being liquidated, on the basis of interlocutory judgment entered on 31^st January 2005, the defendant, (now the appellant) having been found not to have enter…