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SURYA HOLDINGS LIMITED, RHEA HOLDINGS LIMITED & KARUTURI LIMITED V. CFC STANBIC LIMITED & MUNIU THOITHI AND KURIA MUCHERU (JOINT RECEIVERS AND MANAGERS OF KARUTURI LIMITED)

(2020) JELR 94945 (SC)

Supreme Court  •  Petition 8 of 2019  •  4 Dec 2020  •  Kenya

Coram
Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING

Introduction

[1] The appellants by way of Notice of Motion application dated 18th September, 2020 and filed on 21st September 2020 and brought under Rule 40(4) of the Supreme Court Rules 2010 (sic) seek the following orders:

a) THAT the Honorable Court be pleased to grant leave to the Appellants to file a Supplementary Record of Appeal containing;

i) The Supplementary Record of Appeal filed by the Respondent at the Court of Appeal and which comprises the Debenture Agreement dated 8th December 2010;

ii) The 1st Respondent’s Written Submissions dated 5th July 2018 filed at the Court of Appeal; and

iii) The 2nd Respondent’s Written Submissions dated 23rd July 2018 filed at the Court of Appeal.

b) THAT the Supplementary Record of Appeal be filed within seven (7) days or such period as the Court will determine.

c) THAT costs of this application be in the Appeal.

[2] The application is based on the grounds that the Respondents’ written submissions filed at the Court of Appeal and the Suppleme…

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