IN THE COURT OF APPEAL AT NAIROBI (CORA: KWACH, TUNOI & LAKHA, J.J.A. ) CIVIL APPEAL NO. 5 OF 1998 BETWEEN JULIUS NYUMU…………………………………………….1ST APPELLANT MWANGI KINUTHIA……………………………………….2ND APPELLANT ELIJAH NGUGI KIMWAKI………………………………….3RD APPELLANT MWANGI MUCHURI …………………………………………4TH APPELLANT AND GITHUNGUURI CONSTITUENCY RANCHING CO. LTD …1ST RESPONDENT REBECCAWARINGA NJOROGE……………......………...2ND RESONDENT WAIRA KAMAU …………………………..………………3RD RESPONDENT PETER KAMUNGE…………………………..……………..4TH RESPONDENT WANJIRU MATHERI ………………………..…………….5TH RESPONDENT LUCIA WAMBUI KARIUKI………………….…………….6TH RESPONDENT JOSEPHINE WANJERI MUTHAMA………………...…….7TH RESPONDENT IKABA MUKUNDI…………………………………………8TH RESPONDENT (Appeal from the judgment and decree of the high court of Kenya at Nairobi (Hon. Mr. Justice Kuloba) dated 31st July, In H.C.C.C. NO. 2573 OF 1998) JUDGEMENT OF THE COURT
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This is an appeal from the judgment of the superior court (kuloba, j) given on the 31 st July 1996 dismissing the plaintiffs’ case. The case was fixed, by consent; on the 7 th may 1996 for hearing on 31st July 1996 but Mr. Nduati, then for the plaintiffs, was ready and although he had his witness, he did not call him to give evidence. The learned judge in the interest of justice adjourned to 12.00 p.m., 3 hours later. Yet Mr. Nduati led no evidence for the plaintiffs. In our judgment, there was no other course for the learned judge to take. The learned judge acted judicially and reasonably and did not err in principal or otherwise in entering judgment as he did. We heard nothing in support of the appeal to disturb and the learned judge’s judgment. There was no merit in this appeal and it is dismissed with costs. Dated and delivered at Nairobi this 22nd day of July 1998 R.O.KWACH JUDGE OF APPEAL P.K.TUNOI 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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