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JAYANTKUMAR VRAJILAL SHAH & MRS. SHIKSHA DEVI DAS V. MIDCO HOLDINGS LTD & SUMMIT TEXTILE (EA) LTD

(2005) JELR 101029 (CA)

Court of Appeal  •  Civ Appli 295 of 2003  •  1 Feb 2005  •  Kenya

Coram
Philip Kiptoo Tunoi JA

Judgement

RULING

By this motion the applicants seek for orders:-

“1. That this Honourable Court be pleased to confirm to the applicants herein that service need not be effected on any per son who took no part in the proceedings in the High Court. ALTERNATIVELY

2. That leave be granted to serve the Notice and Record of Appeal on the remaining Shareholders of the Companies, namely, MIDCO HOLDINGS LIMITED and SUMMIT TEXTILES (E.A.) LIMITED.

3. That as some of the Shareholders have died that leave be granted to serve the Notice and Record of Appeal as soon as it is ascertained as to who are the Legal Representatives thereof within such time as is deemed fit and proper.”

This is about the fourth time this matter is coming up to this Court due, mainly, to the inability of the applicants to lodge a valid appeal due to a variety of breaches of the relevant rules. In this regard, therefore, I need not rehash the facts that have given rise to the application as they are now of common knowledge.

The respondent …

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