REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT MOMBASA
(Coram: Kneller, Hancox, JJ.A. and Nyarangi, Ag. J.A.)
CIVIL APPEAL NO. 83 OF 1983
BETWEEN
WAKF COMMISSIONNERS....................................................................APPELLANT
AND
1. MOHAMED BIN UMEYA BIN
ABDULMANJI BIN MWIJABU
2. ALI MOHAMED ALI BASHIR....................................................................RESPONDENTS
(Appeal from an order of the High Court of Kenya at Mombasa
(Bhandari, J.) dated 24th
May, 1983
in
Civil Case No. 455 (O.S) of 1977)
JUDGMENT OF HANCOX, J.A.
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 be the effect that the issues raised by the Originating Summons, dated 19th July, 1977, its supporting Affidavit sworn by both the Respondents respectively on the 9th and 7th April, 1977, the Affidavit sworn on behalf of the WAKF COMMISSIONERS by their Secret…