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Thomas Openda v. Peter Martin Ahn

(1982) JELR 94936 (CA)

Court of Appeal  •  Civil Appeal 42 of 1981  •  16 Jul 1982  •  Kenya

Coram
Eric John Ewen Law, Alister Arthur Kneller, Cecil Henry Ethelwood Miller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Law, Miller and Kneller JJA)

CIVIL APPEAL NO. 42 OF 1981

BETWEEN

THOMAS OPENDA.................................................................APPELLANT

AND

PETER MARTIN AHN...........................................................RESPONDENT

RULING

When this appeal was called on for hearing on June 17, 1982, Mr Nagpal for the respondent raised a preliminary objection, of which notice had been given, taking objection to 11 of the 22 grounds of appeal as raising points not raised in the pleadings or canvassed in the High Court. We allowed Mr Nagpal to extend his notice of objection to include three further grounds of appeal as in our view these further grounds were substantially covered by the objections of which notice had been given. In the result we heard objections to grounds 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 15, 17 and 20. Mr DN Khanna for the appellant argued in support of those grounds being retained in the memorandum of appeal, and Mr Nagpal r…

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