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Sultan Hasham Lalji, Bahadurali Hasham Lalji & Esmail Hasham Lalji v. Ahmed Hasham Lalji, Diamond Hasham Lalji, Atta (Kenya) Limited, Diamond Jamal & Azim Virjee

(2006) JELR 95581 (CA)

Court of Appeal  •  Civil Appeal 3 of 2003  •  13 Oct 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

The 1st and 2nd applicants AHMED HASHAM LALJI and DIAMOND HASHAM LALJI, respectively, seek an order that Civil Appeal No. 3 of 2003 be struck out with costs under Rule 81 (1) and (2) of the Court of Appeal Rules (Rules).

The three appellants in the appeal and a company named ATTA (1974) Limited (Company) filed a civil suit in the superior court, H.C.C.C. No. 189 of 1998 against the two applicants jointly with three others seeking certain reliefs.

The five defendants in the suit (respondents in the appeal) subsequently applied for an order that the claims of the appellants be struck out and the action in their names be dismissed. The application was heard and allowed by the superior court, O’Kubasu J (as he then was) on 21st July, 2000. The three appellants being aggrieved by the ruling of the superior court striking out the suit ultimately filed Civil Appeal No. 3 of 2003 against the ruling of the superior court. The appeal is the subject matter of this application.

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