JUDGEMENT OF THE COURT
These consolidated appeals Nos. 180 and 273 of 2008 which involve the same parties and arise from part of the decision of the High Court of Kenya, Kisumu, made by B. K. Tanui, J (as he then was) on 4th May, 2005 in Kisumu HCCC No. 164 of 2003. That decision provoked three appeals – Civil Appeal No. 179 of 2008 which concerned the part of the decision ordering the appellant to adduce evidence first; Civil Appeal No. 180 of 2008 concerning the part of the decision where L. G. Menezes Advocate was allowed to participate in the proceedings and Civil Appeal No. 273 of 2008 which concerned the part of the decision where the appellants counter-claim was dismissed. When the appeals came for hearing before us on 12th November, 2013 Civil Appeal No. 179 of 2008 was heard separately while these appeals were consolidated and heard together.
The detailed facts of the case before the learned judge appear in Civil Appeal No. 179 of 2008 and it is not necessary to repeat them her…