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BEATRICE WANJIRU KIMANI
V.
EVANSON KIMANI NJOROGE

(1997) JELR 105886 (CA)

Court of Appeal 21 Nov 1997 Kenya
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Case Details

Suit Number:civ app 79 of 97[1]
Judges:Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha
Location:Nairobi
Other Citations:BEATRICE WANJIRU KIMANI v. EVANSON KIMANI NJOROGE[1997]eKLR

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: GICHERU, OMOLO and LAKHA, JJ.A.

CIVIL APPEAL NO. 79 OF 1997

BETWEEN

BEATRICE WANJIRU KIMANI ............................. APPELLANT

AND

EVANSON KIMANI NJOROGE .............................. RESPONDENT

(Appeal from a judgment of the High Court of Kenya at Nairobi

(Kuloba J) dated 14th day of November, 1996

in

H.C.C.C. NO. 1610 OF 1995 (O.S.))

************************

JUDGMENT OF OMOLO, J.A.

I had the advantage of reading in draft form the judgments prepared by my learned brothers, Gicheru and Lakha, JJ.A. One feature common to both judgments is the conclusion that the learned trial judge appears to have been biased against the rights of this appellant and women in general over the issue of property acquired during the subsistence of a marriage. In my view, once it is accepted that a judge was in fact biased against a party, then the question of any notional fairness in the eventual outcome of the dispute becomes merely academic. I agre…

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