PHOENIX PROPERTIES LIMITED V. DUVESHKUMAR PATEL & EQUIP AGENCIES LIMITED

RULING

1. The applicant’s application dated 10^th March, 2015 seeks the following orders:-

“1. That this honourable court be pleased to grant leave to the applicant to serve the notice of appeal dated 19^th December, 2014 and lodged on 23^rd December, 2014 from the ruling and order of the High Court (Nyamweya, J.) delivered on 19^th December, 2014 in Nairobi High Court Elc Case No. 836 of 2014 (formerly Civil Case No. 1227 of 2003) Equip Agencies Limited and Another versus Pheonix Properties Limited upon the 1^st respondent herein, Diveshkumar Patel out of time;

2. That the Notice of Appeal served on the firm of Gichuki Kingara and Co. Advocates for the 1^st respondent herein, Diveshkumar Patel on the 18^th February, 2015 be deemed as properly served;

3. That the applicant be at liberty to apply for further orders and/or directions as the honourable court may deem fit and just to grant; and

4. That the costs of and incidental to this application be provided for.”

2. An affidavit in support of t…