PETER ODIWUOR NGOGE T/A O P NGOGE & ASSOCIATES ADVOCATES & MOHAMMED OMAR MUSA & 5378 OTHERS V. J NAMADA SIMONI T/A NAMADA & CO ADVOCATES, MICHAEL KIMONYI & 596 OTHERS, J HARRISON KINYANJUI T/A J HARRISON KINYANJUI & CO ADVOCATES, LOURENCE KYALO NDUTTU & 124 OTHERS, KAPLAN & STRATTON ADVOCATES & KENYA BREWERIES LIMITED

RULING

I. INTRODUCTION

[1] This Ruling emanates from two Notices of Preliminary Objection: one filed by the 5^th and 6^th respondents, and the other by the 1^st and 2^nd respondents, in objection to the appellants’ Petition of Appeal filed on 2^nd December, 2013.

[2] The appellants herein filed a petition in the Supreme Court, on 2^nd December, 2013 seeking to appeal against the decision of the Court of Appeal.

[3] The ruling of the Court of Appeal which is the subject of this petition emanated from an application for an order that the Notice of Appeal dated 16^th December, 2011, filed on the same day, be struck out or be marked as withdrawn. The appellants herein had filed the Notice of Appeal intending to appeal against a Ruling of the High Court dated 16^th December, 2011 (Ang’awa, J) that had allowed some parties joined in the suit as plaintiffs to be represented by the firm of M/s Kinyanjui and Co. Advocates, instead of M/s O.P. Ngoge and Associates who were representing all the plaintiffs j…