UHURU HIGHWAY DEVELOPMENT LIMITED V. CENTRAL BANK OF KENYA, DEPOSIT FUND PROTECTION BOARD, JOSEPH KITTONY, GEORGE ORARO, MESSRS ORARO & COMPANY, KAMLESH MANSUKHLAL DAMJI PATTNI, PANSAL INVESTMENTS LIMITED & GRAND HOTELS MANAGEMENT LIMITED

R U L I N G:

The application I have before me is a somewhat intriguing one and understandably it was vigorously opposed by Mr Oraro and Mr Ojiambo. Mr Oraro himself is a respondent in the matter while Mr Ojiambo acts for the law firm of Oraro and Company Advocates. When the motion dated and lodged in court on 24th December, 2001, was argued before me, Mr Ojiambo also held the brief of Mr Gatonye who acts for the Central Bank of Kenya in the matter. There is only one substantive prayer in the motion, namely that:

"The Applicant [Uhuru Highway Development Limited] be given leave to amend the memorandum of appeal filed on 9th November, 2001 in Civil Appeal No 286 of 2001 in ANNEXURE A hereto so as to transpose the names of Kamlesh Mansukhlal Damji Pattni, Pansal Investments Ltd, and Grand Hotels Management Ltd from being Appellants to Respondents."

There is another prayer that the costs of and incidental to the motion abide the result of the appeal but that prayer must itself be subject to …