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William Koross (Legal personal Representative of Elijah C.A. Koross) v. Hezekiah Kiptoo Komen, Jonathan Kipkoross Chesangur, Chebiantori Chemchor, Kibet Cherotich & Kipserem Rotich

(2015) JELR 92992 (CA)

Court of Appeal  •  Civil Appeal 223 of 2013  •  6 Mar 2015  •  Kenya

Coram
George Benedict Maina Kariuki, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

Reading through the record of this appeal calls to mind Charles Dickens’ satire on intractable litigation rendered in his peculiar and memorable prose, in Bleak House; (Bradbury and Evans, (1853); Gadshill Edition, P5).

“Jarndyce and Jarndyce drones on. This scarecrow of a suit has, in course of time, become so complicated that no man alive knows what it means .... Innumerable children have been born into the cause; innumerable young people have married into it; innumerable old people have died out of it. Scores of persons have deliriously found themselves made parties in Jarndyce and Jarndyce, without knowing how or why; whole families have inherited legendary hatreds with the suit. The little plaintiff or defendant, who was promised a new rocking-horse when Jarndyce and Jarndyce should be settled, has grown up, possessed himself a real horse, and trotted away into the other world ... a long procession of chancellors has come in and gone out; ... but Jarndyce and …

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