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Baber Alibhai Mawji vSultan Hasham Lalji & 2 Others

(1995) JELR 105856 (CA)

Court of Appeal  •  Civil Application 236 of 1992  •  11 Aug 1995  •  Kenya

Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi



On 6th June, 1988 Mr. Justice Rauf ordered the plaint in H.C.C.C No. 2763 of 1982 struck out . He also therefore dismissed the plaintiff’s claim with costs.

M/s A.R. Kapila and Co then took over the conduct of the case on behalf of the present applicant (the plaintiff) and filed a notice of appeal on 14th June, 1998 (in time) and served a copy thereof on the intended respondents within time again.

Again within time M/s A.R. Kapila and Company applied for certified copy of the proceedings and certified copy of the Ruling of Rauf J. That was done within 30 days as followed by the proviso to rule 81 of the court of Appeal Rules (the Rules).

Although the letter bespeaking such copies was not copied (on the face of it) to Mr. Rustam Hira (then counsel for the defendants-present respondents a copy of it was actually served on Mr. Hira and Mr. Oraro for the plaintiff did not, in our view correctly, object to Mr. Nowrojee showing the copy of the letter confirming such service …

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