REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Hancox, J .A and Chesoni and Nyarrangi, Ag. JJ.A)
CIVIL APPEAL NO 68 OF 1982
BETWEEN
MARK WILLIAM TREVOR PRICE and CAROLINE ELSA ANNE STURDY.......................................APPELLANTS
Trustees of the Estate of TROVOR PRICE deceased
AND
JOHN GREAVES HILDER..................................................................................................................RESPONDENT
(Appeal from the order of the High Court of Kenya at Nairobi (Scriven, J)
dated 27th
September, 1979)
in
Civil Case No 7 of 1970)
JUDGMENT OF CHESONI AG J A
I have had the advantage of reading the judgment of Hancox, J.A in draft and I agree that this appeal should be allowed in the terms he has proposed.
The judge (Scriven, J) wrongly exercised his discretion when he took into account a matter he ought to not to have considered namely Griffiths J’s disquiet whether the plaintiff had got almost £5,000 more than what was due to him. In my view the judge could not, …