JUDGMENT
This appeal was very well argued by counsel on both sides. However, when the submissions were concluded on the 6th October last, each and every member of the Court, independently, reached the same conclusions, namely, the appeal based on the competence of the action on the Law Reform Act must succeed.
The appeal was listed before a bench of three judges at Mombasa on the 20th July, 1993. When hearing opened, counsel for the appellants informed the Court, that he would seek a reversal of a judgment of this Court composed of the ordinary bench of three judges. The issue, he said, would be material to this appeal and invited us to consider constituting a full bench of five judges. When this matter was put to counsel for the respondents, he readily agreed.
In Income Tax v. T [1974] EA 546, Spry, Ag VP, speaking for the Court said:
“I would also remark that where it is intended to ask this Court to reverse one of its own decisions, the President should be asked to consider convening a…