MALDE TRANSPORTERS LIMITED V. JOHN NGANDU KINUTHIA, BASHIR ARAB MOHAMED & FATUMA HAJI HASSAN (SUING AS THE ADMINISTRATORS OF THE ESTATE OF ARAB MOHAMED AHMED)

IN THE COURT OF APPEAL

AT NAIROBI CORAM: DEVERELL, J.A. (IN CHAMBERS) CIVIL APPLICATION NAI 158 OF 2005 BETWEEN

MALDE TRANSPORTERS LIMITED ....................................... APPLICANT

VS

JOHN NGANDU KINUTHIA ...........................................1ST RESPONDENT

BASHIR ARAB MOHAMED

AND

FATUMA HAJI HASSAN (Suing as the Administrators of the Estate of

ARAB MOHAMED AHMED ...........................................2ND RESPONDENT

(Being an application for leave to dispense with service of the notice of

appeal filed from the ruling and order of the High Court of Kenya at Nairobi (Mr. Justice J. B. Ojwang) dated 3rd June, 2005 in H.C.C.C. NO. 365 OF 1999) ***************

R U L I N G

This is an application by Malde Transporters (the Second Defendant in the superior court) that service of the Notice of Appeal filed in High Court Civil Case No. 365 of 1999 on the 1st Respondent (1st Defendant in the High Court) Mr. John Ngandu Kinuthia be dispensed with on the principal grounds that the 1st Respond…