Judgment[1997] KECA 196
Machakos Ranching Company Limited v Joseph Kyalo Mutiso & another
Court of Appeal at NairobiOsiemo,JUDGE APPEAL,Joseph Kyalo Mutiso,Waema Itumo Muoka,Mwangangi,MasikaCivil Appeals numbered 96 of 1996
Division and case type: CivilCivil Appeals numbered
…A fundamental defect will make it a nullity.…
…The court should not readily treat a defect as fundamental and so a nullity, and should be anxious to bring the matter within the umbrella of Ord 70 when justice can be done as a matter of discretion, still bearing in mind…
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