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WAKF COMMISSIONNERS v. MOHAMED BIN UMEYA BIN ABDULMANJI BIN MWIJABU ALI MOHAMED ALI BASHIR

(1984) JELR 93873 (CA)

Court of Appeal  •  civ app 83 of 83  •  23 Feb 1984  •  Kenya

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

Judgement

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…

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