PULLIN HARAKCHAND SHAH V. SOUTHERN CREDIT BANKING CORPORATION

RULING

The applicant before me is one Pullin Harakchand Shah. I shall hereinafter refer to him simply as “the applicant.” He proposes to appeal against the order of Mr. Justice A. Ringera, as he then was. That order was made way back on the 14^th March, 2002. Accordingly as at the date of my present Ruling, it is approximately ten (10) years old. The respondent to the motion filed in this Court on the 6^th April, 2011 is Southern Credit Banking Corporation. Some time in October, 1994, the respondent lent to the applicant the sum of Shs.2,450,000/- and thereafter in 1995 and 1996 various other advances or accommodation were made to the applicant and according to the plaint filed in the High Court by the applicant, as at the date of the plaint (24.11.1998) only Shs.2,147,115.00 was outstanding. The applicant’s property known as L.R. No. 7158/425 and L.R. No. 7158/426 had been used as security for the loan. In July, 1998, the respondent instructed its lawyers to issue a statutory notice fo…