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…In reply Mr Khaminwa submitted that Luo customary law does not apply to the action, that the appellants had an opportunity to adduce evidence on the issues of fact and that in any case the plaintiff’s claim is founded on statutory…

…provisions and on common law which are matters of law requiring no proof by oral evidence.…

…judge of the High Court in her ruling concluded that the suit against the respondent: “...discloses no reasonable cause of action, and is clearly frivolous and vexatious and an abuse of the court process because of the statutory…

…provisions which give absolute immunity to judges and magistrates, from civil liability for actions taken or words uttered in the performance of their judicial function” Having come to this conclusion, the learned judge…

…It may be useful at this stage to set out the statutory provisions relating to the dispute.…

…So English courts incorporate common law principles into statutory provisions unless they are expressly excluded by the statute.…

…As the rst four grounds of appeal deal with the construction of the statutory provisions as to jurisdiction I shall consider them rst.…

…The statutory provisions which vest the High Court of Kenya with jurisdiction in admiralty matters and the relevant provisions of the Supreme Court Act 1981 and the Rules of the Supreme Court Order 75 have been set out fully…

…That, in my judgment, cannot per se be correct having regard to the statutory provisions and the case law above cited.…

…(ix) THAT despite being give a full period of 28 days to gather evidence either by applying to Court pursuant to the laid out statutory provisions to be furnished with documents he could have used in support of his case ,…

…I will start with the observation that from the authorities that were cited all the relevant ones have concluded that the words such as ‘signed by the party” or “signed by him” in a statutory provisions must be given their…

…(ix) THAT despite being give a full period of 28 days to gather evidence either by applying to Court pursuant to the laid out statutory provisions to be furnished with documents he could have used in support of his case ,…