We render our judgment in this matter with a preliminary
explanation. The judgment has long delayed for the main reason
2
that after our caucus after the hearing of the appeal it had been
agreed that our Brother Justice of Appeal, Honourable Justice M.
R. Mbendera, SC, would draw up the decision of the Court. As
we will be aware, Justice of Appeal Mbendera, SC, since passed
on. That meant the two of us remaining in the matter needed to consider how best to proceed from where we stopped with His
Lordship. We wish we could confirm that the decision we render
today is a unanimous one, because that is what emerged during
our caucus with late Justice of Appeal Mbendera, SC.
Unfortunately we are not entitled to so confirm. The judgment
that we render is therefore a majority decision of the two of us. 