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Overseas Trading Company Ltd. t/a “Decora Nova" v. Shah Hirji Manek Limited & Bambis Agencies Limited

(2010) JELR 96643 (CA)

Court of Appeal  •  Civil Appeal 95 of 2002  •  22 Jan 2010  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appeal before us was argued on 22nd October, 2009 but was not opposed by the two respondents for different reasons. The first respondent’s Advocates on record are M/S. Wamalwa and Company Advocates and they were duly served with the hearing notice but failed to attend Court. The second respondent’s advocate is Mr. Satish Gautama who was also served with the hearing notice and was in court. However, Mr. Gautama informed the Court that his clients had gone bankrupt and he would not take part in the appeal on their behalf. That left learned counsel for the appellant, Mr. Kelvin Mogeni to urge the appeal unopposed. We shall return to the submissions of counsel shortly.

The appeal arises from the decision of the superior court in which Mbaluto J. granted summary judgment in favour of M/S. Shah Hirji Manek Ltd. (“Manek”) the 1st respondent, and declared that the defences filed by M/S. Overseas Trading Company Ltd. t/a Decoranova (“Decoranova”), the appellant, and M/S…

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