Case law
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Division and case type: CivilCivil Appeal
24 of the Advocates Remuneration Order imposes that duty on the borrowers advocate. An order of specific performance presupposes a legal or equitable obligation on a person to perform it and since such a legal obligation does not flow from the security documents or the provisions of the law I have cited, the learned trial magistrate erred in ordering specific performance.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: HANCOX CJ, GACHUHI & KWACH JJ A) CIVIL APPEAL NO 40 OF 1989 KENYA MEAT COMMISSION……….....……….. APPELLANT VERSUS RICHARD AMBOGO RADEN …….……..…… RESPONDENT (From a judgment and decree of the High Court at Mombasa, Bosire J, dated the 25th November 1988 in High Court Civil Case No 490 of1984) JUDGMENTS Hancox CJ.