Evanson Gitau v R & K Investments Ltd [2002] KECA 258 (KLR)

IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPEAL NO. 182 OF 1998

BETWEEN

EVANSON GITAU ........................................................ APPELLANT

AND

R & K INVESTMENTS LTD.................................... RESPONDENT (Appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Justice Msagha Mbogholi dated 17th July, 1998

in H.C.C.C. NO. 2287 OF 1995) ******************

R U L I N G

Having heard counsel, I am persuaded by Mr. Kithinji that this is a proper case for a review of the discretion exercised by the Deputy Registrar. Accordingly and for the reasons he advanced, I reduce the balance to K.Shs.63,734/= . I will make no order as to costs for attendance on this reference. Made at Nairobi this 6th day of May, 2002.

A.A. LAKHA ................... JUDGE OF APPEAL

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

DEPUTY REGISTRAR