[1998] KECA 178 (KLR)
The Court of Appeal found that the application presented by the appellants lacked merit. The judges, after considering the submissions and the material before them, concluded that there was no sufficient ground to grant the orders sought by the appellants. Consequently, the application was dismissed with costs...
Source-derived case information.
- Citation
- [1998] KECA 178 (KLR)
- Parties
- Appellant: Hon. John Njoroge Michuki; Appellant: Rose Waruino Muthemba; Respondent: Andrew Mungai Muthemba; Respondent: Kent2azuga Hardware Ltd.
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 79 of 1998
- Procedural Posture
- Civil Appeal / Ruling on Application
- Outcome
- application dismissed with costs to the respondents
- Legal Topics
- Appeal Dismissal, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. John Njoroge Michuki
Appellant
Rose Waruino Muthemba
Appellant
Andrew Mungai Muthemba
Respondent
Kent2azuga Hardware Ltd.
Respondent
Procedural Posture
Civil Appeal / Ruling on Application
Legal Issues
- 1 Whether the application by the appellants had merit warranting grant of the orders sought.
Ratio Decidendi
The Court of Appeal found that the application presented by the appellants lacked merit. The judges, after considering the submissions and the material before them, concluded that there was no sufficient ground to grant the orders sought by the appellants. Consequently, the application was dismissed with costs awarded to the respondents.
Court Disposition
application dismissed with costs to the respondents
Orders
- The application is dismissed.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, PALL & OWUOR, JJ.A) CIVIL APPEAL APPL. NO. 79 OF 1998 BETWEEN HON. JOHN NJOROGE MICHUKI ....................... 1ST APPELANT ROSE WARUINO MUTHEMBA ........................... 2NDAPPELLANT AND ANDREW MUNGAI MUTHEMBA .......................... 1ST RESPONDENT KENT2AZUGA HARDWARE LTD. .......................... 2ND RESPONDENT RULING OF THE COURT
We see no merit in the application. The same is hereby dismissed with costs to the respondents. Dated and delivered at Nairobi this 10th day of November, 1998. R. O. KWACH JUDGE OF APPEAL G. S. PALL JUDGE OF APPEAL E. OWUOR JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR