SECURICOR (KENYA) LTD V. EA DRAPERS LTD & COMBINED WAREHOUSES LIMITED

RULING

The applicant Securicor (K) Limited, gave notice on October 21 1986 that it would move the court for an order that leave be granted to the applicant, to amend the applicant’s memorandum of appeal, which had been filed in Civil Appeal No 67 of 1985. The appeal so filed had been taken against judgment in favour of the original plaintiffs EA Drapers Limited and the original first defendant Combined Warehouse Limited. The application was brought under rule 44(1) of the Court of Appeal rules, and was first heard by Gachuhi, JA in chambers. The latter having given his ruling, Mr Satish Gautama gave informal notice that he would refer the matter to the full court under rule 54 of the rules.

As the procedure was somewhat doubted, we should make it clear, that a formal application for amendment under rule 44 should be heard first by a single judge, as provided by rule 52 of the rules, without prejudice to the full bench’s right to give leave to amend on an informal application during the …