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

(2008) JELR 94707 (CA)

Court of Appeal  •  Civil Appli. Nai 10 of 2008 (UR. 7/08)  •  31 Jul 2008  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPLI. NAI NO. 10 OF 2008 (UR. 7/08)

1. VANTAGE ROAD TRANSPORTERS LTD

2. SHAHID PERVEZ BUTT ............................................ APPELLANTS

AND

1. MISTRY VALJI NARAN MULJI

2. JANENDRA RAICHAN SHAH

3. VIRCHAND MULJI MALDE

4. RATILAL GHELA SAMAT

5. PREMAC PROPERTIES LTD

6. EQUITORIAL COMMERCIAL BANK LTD ........... RESPONDENTS

(Application for leave to file and serve notice of appeal out of time from the ruling of the

High Court of Kenya at Mombasa (Mwera, J.) dated 29th July, 2007

in

H.C.C.S. NO. 55 OF 2005

RULING

The jurisdiction of the Court in an application under rule 4, which this one is, is discretionary which discretion is not only unfettered but must be exercised on evidence and sound legal principles. The applicants, Vantage Road Transporters Ltd, and Shahid Pervez Butt have prayed that I exercise that jurisdiction and grant them an extension of time within which to file and serve a fresh Notice of Appeal. They had filed and served an earlier no…

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