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Savji Harji Varsani v. Kanjee Naranjee (Kenya) Ltd

(1977) JELR 94069 (CA)

Court of Appeal  •  Civil Application Nai 9 of 1977  •  13 Oct 1977  •  Kenya

Coram
Eric John Ewen Law, Justin Saulo Musoke, Samuel William Wako Wambuzi

Judgement

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

(Coram: Wambuzi P, Law V-P and Musoke JA)

CIVIL APPLICATION NO NAI 9 OF 1977

SAVJI HARJI VARSANI .................................. APPLICANT

VERSUS

KANJEE NARANJEE (KENYA) LTD................RESPONDENT

JUDGMENT

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 …

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