JIMBA CREDIT CORPORATION LIMITED & CONSOLIDATED BANK OF KENYA LTD V. MOMBASA DEVELOMENT LIMITED

RULING OF THE COURT

This is a ruling arising from a preliminary objection made by the advocate Mr.Gikandi appearing for the respondent on the day fixed for hearing of an appeal.

Kamoti and Co. the advocates on record for the respondent, in a letter dated 22ndMarch 2005 addressed to the appellant’s advocates copied to the Deputy Registrar, had given notice that on the day fixed for hearing, being 7th April 2005, they would seek leave of the Court under rule 101 (b) of the Court of Appeal Rules (“the Rules”)as read with Section 3 of the Appellate Jurisdiction Act to raise an objection that the appeal as filed is neither proper nor competent and that the Court lacks jurisdiction to hear and determine this appeal.

When the hearing commenced Mr. Gikandilaunched straight into his submissions as to why he considered that this Court lacked jurisdiction without first applying for leave to do so as indicated in the letter. The Court did not prevent him from following this course and both he and th…