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Tatu City Limited, Kofinaf Company Limited, Nahashon Ngige Nyagah & Vimalkumar Bhimji Depar Shah v. Stephen Jennings, Frances Holliday, Hans Jochum Horn, Pius Mbugua Ngugi, Frank Mosier, Anthony Njoroge & Christopher Barron

(2015) JELR 94042 (CA)

Court of Appeal  •  Civil Application 244 of 2015 (Ur 203/2015)  •  11 Dec 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Martha Karambu Koome, George Benedict Maina Kariuki

Judgement

RULING OF THE COURT

This is an informal application by the first and second applicants under Rule 52, Court of Appeal Rules 2010 for leave to withdraw the notice of motion dated 24th September 2015.

The notice of motion was filed by the firm of Havi and Company Advocates on behalf of the four applicants. On 1st October 2010 the firm of Ahmednasir Abdikadir and Company Advocates filed a notice of change of advocates indicating that the firm of advocates has been instructed by the 1st and 2nd applicants to act for them in place of M/s Havi and Company Advocates.

On 5th February 2015, the four applicants filed Nairobi High Court Case No. 46 of 2015 at the Commercial and Admiralty Division, through the firm of Havi and Company Advocates. The basis of the suit, are resolutions of the Board of Directors of the 1st applicant at a meeting held on 5th February 2015. It is averred in the plaint that those resolutions purported, amongst other things, to revoke the appointment of the 3rd applicant a…

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