IN THE COURT OF APPEAL FOR EAST AFRICA
(Coram: Wambuzi P, Law V-P and Musoke JA)
CIVIL APPLICATION NO NAI 9 OF 1977
SAVJI HARJI VARSANI .................................. APPLICANT
KANJEE NARANJEE (KENYA) LTD................RESPONDENT
This is an application for leave to appeal against two decisions of the High Court refusing to set aside an ex parte order giving leave to issue a third-party notice. Application was duly made in the first instance to the High Court but was refused.
Briefly the facts are that Marguerite Ltd, the plaintiff in the suit, rented a shop in a building in Government Road, Nairobi, from Kanjee Naranjee (Kenya) Ltd, the defendant in the suit, in which they carried on business as dealers in photographic and electronic equipment. A fire had destroyed part of the building including the roof over the tenant’s premises and certain repairs were being carried out on behalf of the landlord by a firm known as Kay Construction Co. The tenant’s goods were …