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
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Civil Appeal 223 of 2013
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6 Mar 2015
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Kenya
Coram
George Benedict Maina Kariuki, Patrick Omwenga Kiage, Agnes Kalekye Murgor
Judgement
<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify">Reading through the record of this appeal calls to mind Charles Dickens’ satire on intractable litigation rendered in his peculiar and memorable prose, in <em>Bleak House;</em> (Bradbury and Evans, (1853); Gadshill Edition, P5).</p><p class="ql-align-justify"><em>“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 …</em></p>