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Ismail Adam Suleman & Gulam Rasul Mardat v. Nawaz Transport Company

(1983) JELR 105046 (CA)

Court of Appeal  •  Civil Appeal 38 of 1982  •  6 Apr 1983  •  Kenya

Coram
Eric John Ewen Law, Alan Robin Winston Hancox, Chunilal Bhagwandas Madan

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

(Coram: Madan, Law JJA and Hancox Ag JA )

CIVIL APPEAL NO 38 OF 1982

BETWEEN

ISMAIL ADAM SULEMAN ........................................APPELLANT

GULAM RASUL MARDAT ..........................................APPELLANT

AND

NAWAZ TRANSPORT COMPANY........................RESPONDENT

JUDGMENT

The late Mr Mohamed Haji Mirdor carried on business during his lifetime under the name or style of Nawaz Transport Company. He died at Mombasa on July 20, 1979. Interim letters of administration to his estate were issued on October 1, 1979 by the High Court at Mombasa to Ismail Adam Suleman and Gulam Rasul Mardat with powers, inter alia, to continue running the business as they deemed fit and to pay the debts of the deceased.

The appellant filed a suit against Nawaz Transport Company, which was described in the plaint as a registered business carrying on a transport business at Mombasa, for the recovery of Kshs 258,912 hiring charges in respect of a lorry let on hire by the appeā€¦

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