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Kenya Commercial Bank Limited & Elizabeth Nyambura Gicharu T/A Marlene Auctioneers v. Naftali Ruthi Kinyua, Peter Mwangi Mbuthia & Osman Abdi Alias Samow Edin Osman

(2015) JELR 100094 (CA)

Court of Appeal  •  Civil Appeal .20 of 2007  •  12 Jun 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, John Wycliffe Mwera, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The respondents as plaintiffs filed suit against the appellants by a Plaint dated 28th March 20003. The Plaint was amended on 2nd July 2003; it was further amended on 5th December 2003. On 12th July 2004, the respondents filed a Chamber Summons application dated 8th July 2004 at the High Court seeking leave to re-amend the further amended Plaint and to join one Daniel Nyangoma as defendant in the suit. A draft re-amended further amended Plaint was annexed to the application. Before the High Court, the respondents as plaintiffs were represented by learned counsel Mr. Langi while the appellants/defendants were represented by learned counsel Mr. John Kamunyori.

The respondents’ Chamber Summons application to further re-amend the Plaint was opposed by the appellants herein. The replying affidavit dated 19th July 2004 was deposed by Mr. John Kirk Nyaga Kamunyori who was and is counsel on record for the appellants. The replying affidavit contains the following paragraphs…

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