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 appe…