The Plaintiff (now Respondent) brought a claim against the Defendants (Appellants) seeking certain declarations, special damages and general damages.

Appellants joined issues with the Respondent on all the salient averments in the statement of claim.

After a protracted trial lasting over a decade, the trial Court dismissed the claim of the Respondent in its entirety. The appeal was allowed on the issue of lack of jurisdiction founded on ground 8 of the additional grounds of appeal. Accordingly, Suit No. KWS/146/77 was struck out.

Dissatisfied with the decision of the Court of Appeal, the Appellants appealed to the Supreme Court. The Respondent was equally dissatisfied with the decision of the Court of Appeal, he therefore cross-appealed to the Supreme Court.