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DAVID OGOTI & 5 ORS
V.
KIAMOKAMA TEA FACTORY & ANOR

(2022) JELR 113724 (CA)

Court of Appeal 28 Apr 2022 Kenya
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Case Details

Suit Number:Civil Appeal 137 of 2017
Judges:PO Kiage, JA M Ngugi, JA F Tuiyott, JA
Location:Kisumu

JUDGMENT

JUDGMENT OF MUMBI NGUGI, J.A

  1. The present appeal arises out of a decision of the High Court exercising its original jurisdiction on a petition brought alleging violation of the constitutional rights of the appellants. It is therefore a first appeal, and our duty under Rule 29(1)(a) of the Court of Appeal Rules on an appeal from a decision of the High Court acting in the exercise of its original jurisdiction is to re-appraise the evidence and to draw inferences of fact.

  2. In their petition dated 3rd March, 2014, the appellants alleged violation of their right to information under Article 35(1)(b) of the Constitution. The petition was supported by an affidavit sworn by David Ogoti, the 1st petitioner, on 3rd March 2014. The petitioners’ grievance arose following the elections of directors conducted by the respondents, specifically with respect to the Ikorongo Electoral Zone, on 7th January 2014.

  3. The petitioners contended that as shareholders of the 1st respondent, they were entitled t…

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