Case Metadata |
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| Case Number: | Civil Appeal 241 of 1997 |
|---|---|
| Parties: | John Githinji Wangondu v Raphael Gitau Njau & 5 others |
| Date Delivered: | 15 Dec 1997 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Judgment |
| Judge(s): | Gurbachan Singh Pall, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha |
| Citation: | John Githinji Wangondu v Raphael Gitau Njau & 5 others [1997]eKLR |
| Case History: | (Appeal from the Ruling/Order of the High Court of Kenya at Nairobi (Hon. Justice Kuloba) dated 6th February, 1997 in H.C.C.C. NO. 3065 OF 1996) |
| Court Division: | Civil |
| County: | Nairobi |
| History Docket No: | H.C.C.C. 3065 of 1996 |
| History Judges: | Richard Charles Namasaka Kuloba |
| History County: | Nairobi |
| Case Outcome: | Appeal dismissed |
| 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 |
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, PALL, JJ.A. & BOSIRE, AG.J.A.)
CIVIL APPEAL NO. 241 OF 1997
BETWEEN
JOHN GITHINJI WANGONDU.......................................APPELLANT
AND
RAPHAEL GITAU NJAU
REV. FR. RICHARD ODHIAMBO
ANDREW ODWAR
WILLIAM AHONDE
FRANCIS ONJALLA
KOLPING ORGANISATION OF KENYA ...................RESPONDENTS
(Appeal from the Ruling/Order of the High Court of Kenya at
Nairobi (Hon. Justice Kuloba) dated 6th February, 1997
in
H.C.C.C. NO. 3065 OF 1996)
****************
JUDGMENT OF THE COURT
This is an appeal from the order of the superior court (Kuloba, J.) given on February 6, 1997 whereby he struck out the five defendants from the suit on the ground that they were office bearers of a corporate body under the Trustees (Perpetual Succession) Act Cap 164. Section 3(3) of that Act provides that the body corporate may sue and be sued in its corpoIrnat et hensaem ec.ircumstances, we are satisfied that the learned judge was right and we have heard nothing in support of the appeal to persuade us that the learned judge erred in principle or otherwise.
In our judgment, this appeal has no merit and is dismissed with costs.
Dated and delivered at Nairobi this 15th day of December, 1997
A.A. LAKHA
.............................
JUDGE OF APPEAL
G.S. PALL
.............................
JUDGE OF APPEAL
S.E.O. BOSIRE
...................................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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