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KAPLAN & STRATTON V. L.Z. ENGINEERING CONSTRUCTION LIMITED, YAYA TOWERS LIMITED & RAMESH MANEK

(2000) JELR 100248 (CA)

Court of Appeal  •  Civil Application NAI 115 of 2000  •  14 Aug 2000  •  Kenya

Coram
Abdulrasul Ahmed Lakha

Judgement


R U L I N G

This is the latest round in the long-running and well publicized vendetta between Trade Bank Limited (in liquidation), on one hand and Yaya Towers Ltd and L Z Engineering Construction Ltd on the other. It will certainly not be the last. It is an application by Kaplan and Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.

The background to the application is familiar and can be shortly summarized. In the suit in the superior court the first respondent sought a declaration that it was at all material times and still is the beneficial owner of the share capital of Yaya Towers Ltd, the second respondent, and the charge and guarantee given by it to the Deposit Protection Fund Board are illegal or void. By its judgment and final decree of the superior court (Pall, J) given on 9th January 1998 the learned judge held, inter alia, that Kaplan and Stratton Advocates do pay:-

(a) “the plaintiff (ie the first respondent) the cos…

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