civ app 92 of 89

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CORNELIUS K. BIRGEN vs KIPRONO A. MASAI

Case Metadata
Case Number:	civ app 92 of 89
Parties:	CORNELIUS K. BIRGEN vs KIPRONO A. MASAI
Date Delivered:	05 Oct 1995
Case Class:	Civil
Court:	Court of Appeal at Nairobi
Case Action:
Judge(s):	J E Gicheru,A M Akiwumi,A A Lakha
Citation:	CORNELIUS K. BIRGEN vs KIPRONO A. MASAI
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN THE COURT OF APPEAL
AT NAIROBI

(CORAM: GICHERU, AKIWUMI & LAKHA, JJ.A.)
CIVIL APPEAL NO. 92 OF 1989
BETWEEN

CORNELIUS K. BIRGEN ....................................APPELLANT

AND

KIPRONO A. MASAI .......................................RESPONDENT

(Appeal from a Judgment and Decree of the High Court of
Kenya at Nairobi (Lady Justice Effie Awuor) dated
13th June, 1988
in
H.C.C.C. NO. 402 OF 1985)
************

RULING OF THE COURT

The judgment appealed against decided that the superior court had no jurisdiction to entertain the appeal filed before it. It did not in any way seek conclusively to determine the rights of the parties and did not give rise to a decree within the meaning of s.2. of the Civil Procedure Act. At the best it gave rise to an order. But no appeal lies under s.75 (2) of the Civil Procedure Act from an order in appeal by the superior court.

Accordingly no appeal lies and this appeal is struck out with costs to the Respondent.
Dated and delivered at Nairobi this 5th day of October, 1995.

J. E. GICHERU

JUDGE OF APPEAL

A. M. AKIWUMI

JUDGE OF APPEAL

A. A. LAKHA

JUDGE OF APPEAL

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

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