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Wakf Commissioners v. Mohamed Bin Umeya Bin Abdulmaji Bin Mwijabu

(1984) JELR 95236 (CA)

Court of Appeal  •  Civil Appeal 83 of 1983  •  23 Feb 1984  •  Kenya

Coram
James Onyiego Nyarangi, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

( Coram:Kneller, Hancox JJA and Nyarangi Ag JA )

CIVIL APPEAL NO. 83 OF 1983

BETWEEN

WAKF COMMISSIONERS........................................................................APPELLANT

AND

MOHAMED BIN UMEYA BIN ABDULMAJI BIN MWIJABU..............RESPONDENT

(Appeal from the High Court at Mombasa, Bhandari J)

JUDGMENT

Hancox JA The only matter for determination by us on this appeal is whether Bhandari J, was correct in ruling against the preliminary objection taken by Mr Magan (who appears for the appellant), which was to the effect that the issues raised by the originating summons, dated July 19, 1977, its supporting affidavit sworn by both the respondents respectively on April 9 and April 7, 1977, the affidavit sworn on behalf of the Wakf Commissioners by their Secretary on October 11, 1977, and by the affidavits of the first respondent dated December 23, 1977 and May 31, 1982, respectively, were not suitable to be tried by this form of procedure and should be …

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