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Virginia Edith Wambui Otieno v. Joash Ochieng Ougo & Omolo Siranga

(1987) JELR 94186 (CA)

Court of Appeal  •  Civil Appeal 31 of 1987  •  2 Apr 1987  •  Kenya

Coram
Cecil Henry Ethelwood Miller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPEAL NO. 31 OF 1987

VIRGINIA EDITH WAMBUI OTIENO..................APPLICANT

VERSUS

JOASH OUGO and ANOTHER.........................RESPONDENT

RULING.

This matter no doubt correctly referred to by the Press as a “saga” has eventually come before me; and I am very happy for this. It gives me opportunity to issue a warning to Advocates and litigants. The warning is simply this:-

TO THOSE SO ENGAGED

STOP FOOLING AROUND WITH THE JUDICIARY

AND JUDICIAL PROCESSES

(1) CONSTITUTIONAL RIGHT TO COME TO THE

COURTS – YES

(2) THE DUTY OF OUR COURTS TO HEAR AND

DETERMINE CAUSES WITH PATIENCE,

TOLERANCE AND EXPEDITION – YES

BUT YE ADVOCATES AND LITIGANTS MUST

ASSIST THE COURTS TO REMAIN TRUE

UMPIRES AND NOT SUBJECTS OF YOUR

PRIVATE EMPIRES.

It is becoming too widespread a tendency in our democratic Kenya for people to deliberately mistake tolerance and sympathy for weakness.

I WANT TO SEE NO MORE OF THE CAT AND

MOUSE PLAY IN THE COURTS AS IN THIS THE

“S.M’S” CASE.

DECIDE WHAT IS YOUR…

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