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Vantage Road Transporters Ltd & Shahid Pervez Butt v. Mistry Valji Naran Mulji, Janendra Raichand Shah, Virchand Mulji Malde, Ratilal Ghela Samat, Premac Properties Ltd & Equatorial Commercial Bank Ltd

(2009) JELR 94187 (CA)

Court of Appeal  •  Civil Appli 10 of 2008 (7/2008)  •  13 Feb 2009  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu



ON REFERENCE TO FULL COURTBy their notice of motion dated 8th February, 2008 and lodged in Court on 11th February, 2008, the two applicants, Vantage Road Transporters Ltd. and Shahid Pervez Butt, asked a single member of the Court to grant to them under Rule 4 of the Court’s Rules an order that:-

“The Honourable Court be pleased to extend time limited for filing and service of notice of appeal and grant the Applicants herein leave to file and serve a fresh notice of Appeal against the ruling and orders of the superior court in Mombasa (Mr. Justice John Mwera) delivered on 29th July, 2005 out of time.”

That motion came for hearing before Bosire, J.A on 1st July, 2008 when Mr. Peter Kaluma, learned counsel for the applicants, fully argued their case and Mr. Satish Gautama, Senior Counsel, responded on behalf of the respondents. The learned single Judge then reserved his ruling to 31st July, 2008 and on that date the Judge gave a fully considered ruling and refused to ex…

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