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Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Gachuhi, Omolo & Lakha JJ A) CIVIL APPEAL NO 139 OF 1989 BETWEEN DANIEL M. NJAI ............................APPELLANT AND HIGH VIEW FARM LTD...................RESPONDENT GEORGE N.
Division and case type: Milimani Commercial CourtsCivil Case
In view of this defence and the issue framed upon it, I drew the attention of the learned counsel to order XIV, rule 2 of the Civil Procedure Rules, and it was agreed that the 10th issue be determined as preliminary issue by the court. In support of this defence Mr Nowrojee (with Mr I Kapila for the defendants) referred me to various passages in The Encyclopaedia of Forms and Precedents, 4th edition volume 9 and Halsbury’s Laws of England, 4th edition, volume 18, the substance of which is th