IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Kwach, Cockar and Muli JJA )
CIVIL APPEAL NO. 59 OF 1993
BETWEEN
OMEGA ENTERPRISES (KENYA) LTD.....................................................................APPELLANT
AND
KENYA TOURIST DEVELOPMENT CORPORATION and 2 OTHERS.................RESPONDENTS
(An appeal from the ruling of the High Court of Kenya at Nairobi (Mr Justice Akiwumi) dated 15th January, 1993
in
HCCC 6776 of 1992)
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RULING
Kwach, JA. When Mr Lakha, for the appellant, was still on his feet and continuing his submissions in the appeal, we inquired from him what effect, if any, the ruling of Akiwumi J (as he then was) dated 19th March 1993, and contained in a Supplementary Record of Appeal filed by Hamilton, Harrison and Mathews Advocates, on 3rd October, 1994, had on the appeal, as by the said ruling the judge had confirmed his earlier order of 15th January, 1993, after hearing an application brought by the appellant seeking to set aside that order. In this ap…