Customer Support

OWNERS AND MASTER OF THE MOTOR VESSEL "JOEY"
V.
OWNERS AND MASTERS OF THE MOTOR TUGS "BARBARA" AND "STEVE B"

(2007) JELR 93504 (CA)

Court of Appeal 27 Apr 2007 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 286 of 2000
Judges:Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji
Location:Nairobi
Other Citations:OWNERS AND MASTER OF THE MOTOR VESSEL “JOEY” v. OWNERS AND MASTERS OF THE MOTOR TUGS “BARBARA” AND “STEVE B” [2007] eKLR

JUDGMENT OF THE COURT

This was not an easy matter and we spent a considerable amount of time thinking and deliberating over it. It was argued before us by Mr. Inamdar, learned counsel for the appellants, and Mr. Khanna, learned counsel for the respondents, with long breaks in between their arguments and as is usual and as the Court has come to expect from them, where any particular previous decision/s of the Court supported any particular proposition of law being advanced by them, the decision to the extent of the support would be said to be correct, but whenever the decision did not support the proposition advanced, then to that extent, the decision would be said to be wrong and ought not to be followed. It is our sincere hope that this practice will end.

The issues which we are grappling with in the appeal, the cross-appeal and the grounds for affirming the decision of the High Court arose way back on 22nd June, 1998, when Murri International Salvage Operation Company Ltd. (hereinafte…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.