Judgment[1995] KECA 73
Case law
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Division and case type: CivilCivil Appeal
matter than the appellate tribunal can be; and the appellate tribunal will generally defer to the conclusion which the trial judge has formed”. LORD WRIGHT, in the course of his speech at p.265, said: “Two principles are beyond controversy.
Division and case type: CivilCivil Appeal
as if their action had been begun by filing a plaint. According to him, the provisions of rule 10 of order XXXVI of the Rules had been brought to the attention of the judge and since a claim by adverse possession must only be brought through an Originating Summons, if the issues therein were disputed, the superior court should have dealt with the matter as if the same had been begun by filing a plaint.
Division and case type: CivilCivil Appeal
There was no evidence of service of the order 2. Neither the order nor the notice of motion nor any other notice in connection therewith that was served carried an indorsement of penal obligation or consequence.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 5 OF 1984 BETWEEN BAKSHISH SINGH & BROTHERS ………….………...............…………….. APPELLANTS AND PANAFRIC HOTELS LIMITED ………..…………….....................…………..
Division and case type: CivilCivil Appeal
ORDER Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second appellant, Ajit Gurbaksh Singh, either Harbans Kaur, the widow, or one or both of the named executors of the deceased’s will who are Amrik Singh Gurbaksh Singh and Joginder Singh Gurbaksh Singh, the third and fifth appellants, and the hearing of the appeal