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Gapco Kenya Limited v. Salim Osman Talab,Osman Haji Ali Haji Talab,Zera Osman Ali Haji Ali Taib

(2005) JELR 98347 (CA)

Court of Appeal  •  Civil Appli 111 of 2004  •  27 Jul 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

Mr. Chacha Odera who is holding brief for Mr. S.K. Shah, for the respondent, in this appeal applies for adjournment on the ground that there are two pending applications in this appeal and on the further ground that the record of appeal has not been served on the respondent. Mr. Omondi, for the appellant concedes that there are indeed two pending applications which have not been disposed of. He further concedes that the record of appeal has not been served on the respondent. He does not oppose the application for adjournment.

In the circumstances, we allow the application for adjournment to facilitate the prosecution of the two pending applications and the service of the record of appeal on the respondent. Consequently, the appeal is taken out of today’s hearing list and adjourned to a date to be fixed at the registry after the hearing and determination of the pending applications. Costs of this adjournment be costs in the appeal.

Dated and delivered at Mombasa this 2…

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