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Sidhi Investments Limited v. Uchumi Supermarkets Limited & Kasarani Mall Limited

(2019) JELR 94299 (CA)

Court of Appeal  •  Civil Appeal 139 of 2011  •  22 Mar 2019  •  Kenya

Philip Nyamu Waki, Mohammed Abdullahi Warsame, Agnes Kalekye Murgor



In an application dated 17th June 2009, the Appellant herein sought to amend its Amended Plaint dated 12th April 2005. The primary purpose was to plead the issue of constructive trust in conformity with Justice Osiemo’s ruling in Civil Case No. 311 of 2005 delivered on 19th October 2007.The said Application was heard by the Deputy Registrar, who allowed the prayers sought on the finding that no prejudice would result to the Respondent.

Being aggrieved, the Respondent filed an appeal in the High Court by way of a chamber summons dated 20th November 2009 under Order 48 rule (5)3 of the Civil Procedure Rules (repealed). The appeal was heard by Mwera J. (as he then was), who set aside the decision of the Deputy Registrar in order to ‘put each side on equal footing’. The trial Judge directed that “the parties should await the decision of the Court of Appeal in the pending appeal or other court orders before proceeding further on the aspect in question”. That appeal is C…

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