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Gurbaksh Singh & Sons Ltd v. Bank of Credit & Commerce International (Overseas) Ltd

(1984) JELR 105066 (CA)

Court of Appeal  •  Civil Appeals 52 & 53 of 1982  •  7 Feb 1984  •  Kenya

Coram
James Onyiego Nyarangi, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Kneller, Hancox JJA and Nyarangi Ag JA )

CIVIL APPEAL NO. 52 and 53 OF 1982

BETWEEN

GURBAKSH SINGH and SONS LTD......................................................................................APELLANT

AND

BANK OF CREDIT and COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT

ORDER

Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second appellant, Ajit Gurbaksh Singh, either Harbans Kaur, the widow, or one or both of the named executors of the deceased’s will who are Amrik Singh Gurbaksh Singh and Joginder Singh Gurbaksh Singh, the third and fifth appellants, and the hearing of the appeal be continued thereafter between the appellants, including the substituted party or parties, and the respondent, and the costs of the application abide the result of the appeal t…

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