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 …