Deposit Protection Fund Board (presently known as the Kenya Deposit Insurance Corporation) v. Ajay Shah & Praful Shah

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Ibrahim, Ojwang, Wanjala, Njoki, Lenaola, SCJJ)

PETITION NO. 13 OF 2016

BETWEEN

DEPOSIT PROTECTION FUND BOARD..................................................APPELLANT

(PRESENTLY KNOWN AS THE KENYA DEPOSIT INSURANCE CORPORATION)

AND

AJAY SHAH...........................................................................................1^ST RESPONDENT

PRAFUL SHAH.....................................................................................2^ND RESPONDENT

(Being an appeal from the Judgment of the Court of Appeal in Nairobi Civil Appeal No. 158 of 2013 at Nairobi (P. M. MWILU, ASIKE-MAKHANDIA And OTIENO-ODEK JJ.A) dated 17^th June, 2016)

RULING

A. INTRODUCTION

[1] The matter before the Court is a Petition dated 26^th July 2016 filed on even date, seeking to set aside the decision of the Court of Appeal dated 17^th June 2016 which found that the Board’s suit against the Respondent was not only time barred, but that the Board had not pr…