GICHUHI KIMIRA v SAMUEL NGUNU KIMOTHO & another [1998] KECA 32 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

Civil Appeal 186 of 1995

GICHUHI KIMIRA  ………………………………...........................................………………… APPELLANT

AND

SAMUEL NGUNU KIMOTHO…………………......................................……………. 1^ST  RESPONDENT

SIMON MUGWERU WATHIRWA…………..…......................................…………….2^ND  RESPONDENT

(Appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Mr. Justice A.M. Akiwumi) delivered on the  6^th October, 1989

IN

H.C.C.C. NO. 880 OF 1977

CONSOLIDATED WITH

H.C.C.C. NO. 908 OF 1977)

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RULING OF THE COURT

With due respect to Mr. Muthoga, councel for the applicant in this reference, we cannot see how the learned single judge of this court erred in settling the terms of the order pursuant to the judgment of this court delivered on 28^th April, 1998. We confirm the ruling of Shah, J.A. with which we are in agreement. The order is approved as settled by him. This reference is dismissed with costs.

Made at Nairobi this 10^th day of December, 1998.

R.S.C. OMOLO

………………………

JUDGE OF APPEAL

P.K. TUNOI

………………………

JUDGE OF APPEAL

E. OWUOR

………………………

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR.