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UCHUMI SUPERMARKETS LTD & ANOTHER V. SIDHI INVESTMENTS LTD

(2018) JELR 95016 (CA)

Court of Appeal  •  Civil Appeal (Application) 192 of 2008  •  12 Oct 2018  •  Kenya

Coram
Milton Stephen Asike Makhandia

Judgement

RULING

For determination by me is the motion on notice dated 17th July 2018 “the application”. The application seeks leave for the applicants to amend the memorandum of appeal dated 6th September 2008 and lodged in this Court on 8th September 2008 in respect of Nairobi Civil Appeal Number 192 of 2008. On 10th July 2018, when the said appeal came up for the highlighting of the respective written submissions that had been filed by the parties herein, the applicants’ advocates sought leave orally under rule 104 (a) of this Court’s rules to introduce a new ground of appeal. The Court directed the advocates to make a formal application within 7 days, hence the instant application.

The ground of appeal that the applicants seek leave to introduce is to the effect “that the learned Judge of the High Court erred in fact and in law in making a finding on an issue which had not been pleaded, and which issue had not been placed before the learned Judge for determination by any of the parties. ” The…

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