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

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 24^th September 2015.

The notice of motion was filed by the firm of Havi and Company Advocates on behalf of the four applicants. On 1^st 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 1^st and 2^nd applicants to act for them in place of M/s Havi and Company Advocates.

On 5^th 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 1^st applicant at a meeting held on 5^th February 2015. It is averred in the plaint that those resolutions purported, amongst other things, to revoke the appointment of the 3^rd applicant a…