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R. Billing & Co. Advocates v. Kundan Singh Construction Limited

(2019) JELR 94097 (CA)

Court of Appeal  •  Civil Appeal 254 of 2013  •  5 Apr 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Kathurima M'inoti

Judgement

RULING OF THE COURT

1. The applicant, R. Billing and Co. Advocates, in its application dated 14th March 2018 seeks leave to commence proceedings against the respondent company that is under receivership. The applicant also seeks extension of time to have the appellant’s submissions deemed duly filed and served, albeit out of time, and to substitute the respondent’s name to KSC INTERNATIONAL LTD.

2. The application is premised upon the affidavit sworn on the same date by Rajinder Billing, Advocate, on behalf of the applicant. The applicant depones that according to information he obtained from the registrar of companies on 2nd December 2016, there was change of name of the respondent company and further, the respondent had been placed under receivership.

3. The applicant states that the issue of the respondent being placed under receivership will have obvious implications in respect of the pending appeal and to the proposed course of action to be taken to formalize the legal proceedings. …

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