JITENDRA BRAHMBHATT V. DYNAMICS ENGINEERING LTD

IN THE COURT OF APPEAL

AT NAIROBI

(Coram:Kneller, Hancox and Nyarangi JJA)

CIVIL APPEAL NO.92 OF 1983

BETWEEN

JITENDRA BRAHMBHATT...........................................APPELLANT

AND

DYNAMICS ENGINEERING LTD...........................RESPONDENT

(Appeal from the High Court at Nairobi, Sachdeva J)

JUDGMENT OF HANCOX JA

This appeal arises from a decision of Sachdeva J, on an application by chamber summons dated September 12, 1983, to strike out, remove and/ or dismiss a petition to wind up the company registered as Dynamics Engineering Ltd, and incorporated on April 16, 1974. The application was preceded by an application for a temporary injunction to restrain the petitioner, Jitendra Brahmbhatt, from proceeding further with the winding up petition which he had filed in the High Court on August 25, 1983, until September 27, and continued by Sachdeva J, until the hearing of the application.

The application to strike out the petition was not heard until September 30 and October 3, 1983, but as I u…