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Trikam Maganlal Gohil and Velji Damji Nandha v. John Waweru Wamai

(1983) JELR 94870 (CA)

Court of Appeal  •  Civil Appeal 42 of 1982  •  31 Mar 1983  •  Kenya

Coram
Eric John Ewen Law, Zakayo Richard Chesoni, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Law, Kneller JJA and Chesoni Ag JA

CIVIL APPEAL NO. 42 OF 1982

BETWEEN

TRIKAM MAGANLAL GOHIL........................1ST APPELLANT

VELJI DAMJI NANDHA................................2ND APPELLANT

AND

JOHN WAWERU WAMAI....................................RESPONDENT

JUDGMENT

The question in this appeal is whether or not the learned judge was right when he dismissed with costs the appellant’s application for summary judgment against the respondent and gave him unconditional leave to defend? Or should he have allowed it with costs, or given the respondent leave, conditional or unconditional, to defend and reserved the costs or made them costs in the cause?

Trikam Maganlal Gohil and Velji Damji Nandha, the appellants, are the leasehold owners of a three storey building on plot 209/2730 Luthuli Avenue, Nairobi. John Waweru Wamai, the respondent, leases a shop on the ground floor at Kshs 800 a month and a store on the same level across a courtyard at the rear for …

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