SHEETAL KAPILA & SHEETAL KAPILA LEGAL REPRESENTATIVES OF NASEEM KAPILA ] ISHAN KAPILA (DECEASED) V. SUDHIR K. SHAH, HARSHIDA S. SHAH, DEEPA S. SHAH, PARAG S. SHAH, VIJAYKUMAR K. SHAH, JAYOTIKA SHAH, MEERA V. SHAH, NAMAN V. SHAH, MANDEEP V. SHAH, KAMAL K. SHAH, KASHMINA K. SHAH, SAWAN K. SHAH, NIKITA K. SHAH, KANTABEN C. SHAH, RAKSHIT C. SHAH, DIPESH C. KARMAN, VANDANA C. SHAH, GANDABEN K. SHAH, LAMA LIMITED, PANACHAND J. SHAH, HANSRAJ F. GUDKA, ABDUL AZIZ LALANI, DIPAK P. SHAH, PANACHAND J. DEDHIA, ATUL H. GUDKA,RELIANCE BANK LTD (IN LIQUIDATION DEPOSIT PROTECTION BOARD & CENTRAL BANK OF KENYA

JUDGMENT OF THE COURT

The appellants, Sheetal Kapila, in her own capacity and as legal representatives, with Nassem Kapila, of the Estate of Ishan Kapila (deceased) are aggrieved by the ruling and order of the High Court of Kenya at Nairobi, (Ochieng, J.), dated 28th November 2006 in which the learned judge declined to strike out, as against themselves, High Court Civil Suit No 728 of 2003. The learned judge held, among others, that the said suit discloses a reasonable cause of action and is not an abuse of the process of the court. In this appeal the appellant however, urges us to hold otherwise and find that the suit is statute-barred, allow the appeal, and strike out the suit.

The short background to the suit is as follows. By a plaint dated 12th November 2003, respondents Nos. 1 to 18(whom, for convenience, we shall refer to as “the plaintiffs”), filed suit against the appellants and the respondents Nos. 19to 28(“the defendants”). The plaintiffs pleaded that in 1998 they purchased B…